INTERNATIONAL CONVENTION
FOR THE UNIFICATION OF CERTAIN RULES RELATING TO THE LIMITATION OF THE
LIABILITY OF OWNERS OF SEAGOING VESSELS
(Brussels,
25.VIII.1924)
The
liability of the owner of a seagoing vessel is limited to an amount equal to
the value of the vessel, the freight, and the accessories of the vessel, in
respect of:
(1) Compensation due to
third parties by reason of damage caused, whether on land or on water, by the
acts or faults of the master, crew, pilot, or any other person in the service
of the vessel;
(2) Compensation due by
reason of damage caused either to cargo delivered to the master to be
transported, or to any goods and property on board;
(3) Obligations arising out
of bills of lading;
(4) Compensation due by
reason of a fault of navigation committed in the execution of a contract;
(5) Any obligation to remove
the wreck of a sunken vessel, and any obligations connected therewith;
(6) Any remuneration for
assistance and salvage;
(7) Any contribution of the
shipowner in general average;
(8) Obligations arising out
of contracts entered into or transactions carried out by the master, acting
within the scope of this authority, away from the vessel's home port, where
such contracts or transactions are necessary for the preservation of the vessel
or the continuation of the voyage, provided that the necessity is not caused by
any insufficiency or deficiency of equipment or stores at the beginning of the
voyage.
Provided
that, as regards the cases mentioned in Nos. 1, 2, 3, 4 and 5, the liability
referred to in the preceding provisions shall not exceed an aggregate sum equal
to 8 pounds sterling per ton of the vessel's tonnage.
The
limitation of liability laid down in the foregoing article does not apply:
(1) to obligations arising
out of acts or faults of the owner of the vessel;
(2) to any of the
obligations referred to in No. 8 of article 1, when the owner has expressly
authorized or ratified such obligation;
(3) to obligations on the
owner arising out of the engagement of the crew and other persons in the
service of the vessel.
Where
the owner or a part owner of the vessel is at the same time master, he cannot
claim limitation of liability for his faults, other than his faults of
navigation and the faults of persons in the service of the vessel.
An
owner who avails himself of the limitation of his liability to the value of the
vessel, freight, and accessories of the vessel must prove that value. The
valuation of the vessel shall be based upon the condition of the vessel at the
points of time hereinafter set out:
1. In cases of collision or
other accidents, as regards all claims connected therewith, including
contractual claims which have originated up to the time of arrival of the
vessel at the first port reached after the accident, and also as regards claims
in general average arising out of the accident, the valuation shall be
according to the condition of the vessel at the time of her arrival at that
first port.
If before that time a fresh
accident, distinct from the first accident, has reduced the value of the
vessel, any diminution of value so caused shall not be taken into account in
considering claims connected with the previous accident.
For accidents occurring
during the sojourn of a vessel in port, the valuation shall be according to the
condition of the vessel at that port after the accident.
2. If it is a question of
claims relating to the cargo, or arising on a bill of lading, not being claims
provided for in the preceding paragraphs, the valuation shall be according to
the condition of the vessel at the port of destination of the cargo, or at the
place where the voyage is broken.
If the cargo is destined to
more than one port, and the damage is connected with one and the same cause,
the valuation shall be according to the condition of the vessel at the first of
those ports.
3. In all the other cases
referred to in article 1 the valuation shall be according to the condition of
the vessel at the end of the voyage.
The
freight referred to in article 1, including passage money, is deemed, as
respects vessels of every description, to be a lump sum fixed at all events at
10 per cent of the value of the vessel at the commencement of the voyage.
That
indemnity is due even through no freight be then earned by vessel.
The
accessories referred to in article 1 mean:
1) Compensation of material
damage sustained by the vessel since the beginning of the voyage, and not
repaired;
2) General average
contributions in respect of material damage sustained by the vessel since the
beginning of the voyage, and not repaired.
Payments
on policies of insurance, as well as bounties, subventions, and other national
subsidies, are not deemed to be accessories.
The
various claims connected with a single accident, or in respect of which, in the
absence of an accident, the value of a vessel in ascertained at a single port,
rank with one another against the amount representing the extent of the owner's
liability, regard being had to the order of the liens.
In
proceedings with respect to the distribution of this sum the decisions given by
the competent courts of the contracting states shall be evidence of a claim.
Where
death or bodily injury is caused by the acts or faults of the captain, crew,
pilot, or any other person in the service of the vessel, the owner of the
vessel is liable to the victims or their representatives in an amount exceeding
the limit of liability provided for in the preceding articles up to 8 pounds
sterling per ton of the vessel's tonnage. The victims of a single accident or
their representatives rank together against the sum constituting the extent of
liability.
If
the victims or their representatives are not fully compensated by this amount,
they rank, as regards the balance of their claims, with the other claimants
against the amounts mentioned in the preceding articles, regard being had to
the order of the liens.
The
same limitation of liability applies to passengers as respects the carrying
vessel but does not apply to the crew or other persons in the service of that
vessel whose right of action in the case of death or bodily injury remains
governed by the national law of the vessel.
Where
a vessel is arrested and security is given for an amount equal to the full
limit of liability, it shall accrue to the benefit of all creditors whose
claims are subject to this limit.
Where
the vessel is subsequently again arrested, the court may order its release, if
the owner, while submitting to the jurisdiction of the court, proves that he
has already given security for an amount equal to the full limit of his
liability, that the security so given is satisfactory, and that the creditor is
assured of receiving the benefit thereof.
If
the security is given for a smaller amount or if security is required on
several successive occasions, the effect will be regulated by agreement between
the parties, or by the court, so as to insure that the limit of liability be
not exceeded.
If
different creditors take proceedings in the courts of different states, the
owner may, before each court, require account to be taken of the whole of the
claims and debts so as to insure that the limit of liability be not exceeded.
The
national laws shall determine questions of procedure and time limits for the
purpose of applying the preceding rules.
In
the event of any action or proceeding being taken on one of the grounds
enumerated in article 1, the court may, on the application of the owner of the
vessel order that proceedings against the property of the owner other than the
vessel, its freight and accessories shall be stayed for a period sufficient to
permit of the sale of the vessel and distribution of the proceeds amongst the
creditors.
Where
the person who operates the vessel, without owning it or the principal
charterer is liable under one of the heads enumerated in article 1, the
provisions of this convention are applicable to him.
For
the purposes of the provisions of the present convention, "tonnage"
is calculated as follows:
In the case of steamers and
other mechanically propelled vessels, net tonnage, with the addition of the
amount deducted from the gross tonnage on account of engine-room space for the
purpose of ascertaining the net tonnage.
In the case of sailing
vessels, net tonnage.
The
provisions of this convention shall be applied in each contracting state in
cases in which the ship for which the limit of responsibility is invoked is a
national of another contracting state, as well as in any other cases provided
for by the national laws.
Nevertheless
the principle formulated in the preceding paragraph does not affect the right
of the contracting state not to apply the provisions of this convention in favor
of the nationals of a non-contracting state.
This
convention does not apply to vessels of war, not to government vessels
appropriated exclusively to the public service.
Nothing
in the foregoing provisions shall be deemed to affect in any way the competence
of tribunals modes, of procedure, or methods of execution authorized by the
national laws.
The
monetary units mentioned in this convention mean their gold value.
Those
contracting states in which the pound sterling is not a monetary unit reserve
to themselves the right of translating the sums indicated in this convention in
terms of pound sterling into terms of their own monetary system in round
figures.
The
national laws may reserve to the debtor the right of discharging his debt in
national currency according to the rate of exchange prevailing at the dates
fixed in article 3.
After
an interval of not more than two years from the day on which the convention is
signed, the Belgian Government shall place itself in communication with the
Governments of the High Contracting Parties which have declared themselves
prepared to ratify the convention, with a view to deciding whether it shall be
put into force. The ratifications shall be deposited at Brussels at a date to
be fixed by agreement among the said Governments. The first deposit of
ratifications shall be recorded in a proces-verbal signed by the
representatives of the powers which take part therein and by the Belgian
Minister for Foreign Affairs.
The
subsequent deposits of ratifications shall be made by means of a written
notification, addressed to the Belgian Government, and accompanied by the
instrument of ratification.
A
duly certified copy of the proces-verbal relating to the first deposit of ratifications,
of the notifications referred to in the previous paragraph, and also of the
instruments of ratification accompanying them, shall be immediately sent by the
Belgian Government through the diplomatic channel to the powers who have signed
this convention or who have acceded to it. In the cases contemplated in the
preceding paragraph the said Government shall inform them at the same time of
the date on which it received the notification.
Nonsignatory
states may accede to the present convention whether or not they have been
represented at the International Conference at Brussels.
A
state which desires to accede shall notify its intention in writing to the
Belgian Government, forwarding to it the document of accession, which shall be
deposited in the archives of the said Government.
The
Belgian Government shall immediately forward to all the states which have
signed or acceded to the convention a duly certified copy of the notification
and of the act of accession, mentioning the date on which it received the
notification.
The
High Contracting Parties may at the time of signature, ratification, or
accession declare that their acceptance of the present convention does not
include any or all of the self-governing dominions, or of the colonies,
overseas possessions, protectorates, or territories under their sovereignty or
authority, and they may subsequently accede separately on behalf of any
self-governing dominion, colony, overseas possession, protectorate, or
territory excluded in their declaration. They may also denounce the convention
separately in accordance with its provisions in respect of any self-governing
dominion, or any colony, overseas possession, protectorate, or territory under
their sovereignty or authority.
The
present convention shall take effect, in the case of the states which have
taken part in the first deposit of ratifications, one year after the date of
the proces-verbal recording such deposit. As respects the states which ratify
subsequently or which accede, and also in cases in which the convention is
subsequently put into effect in accordance with article 18, it shall take
effect six months after the notifications specified in article 16, paragraph 2,
and article 17, paragraph 2, have been received by the Belgian