鹿特丹規(guī)則英文版

1、united nations convention on contracts for the international carriage of goods wholly or partly by seachapter 1. general provisions2article 1. definitions2article 2. interpretation of this convention7article 3. form requirements7article 4. applicability of defences and limits of liability7chapter 2.

2、 scope of application8article 5. general scope of application8article 6. specific exclusions8article 7. application to certain parties9chapter 3. electronic transport records9article 8. use and effect of electronic transport records9article 9. procedures for use of negotiable electronic transport re

3、cords9article 10. replacement of negotiable transport document or negotiable electronic transport record10chapter 4. obligations of the carrier11article 11. carriage and delivery of the goods11article 12. period of responsibility of the carrier11article 13. specific obligations12article 14. specific

4、 obligations applicable to the voyage by sea12article 15. goods that may become a danger13article 16. sacrifice of the goods during the voyage by sea13chapter 5. liability of the carrier for loss, damage or delay13article 17. basis of liability13article 18. liability of the carrier for other persons

5、16article 19. liability of maritime performing parties16article 20. joint and several liability17article 21. delay17article 22. calculation of compensation17article 23. notice in case of loss, damage or delay18chapter 6. additional provisions relating to particular stages of carriage19article 24. de

6、viation19article 25. deck cargo on ships19article 26. carriage preceding or subsequent to sea carriage20chapter 7. obligations of the shipper to the carrier21article 27. delivery for carriage21article 28. cooperation of the shipper and the carrier in providing information and instructions22article 2

7、9. shippers obligation to provide information, instructions and documents22article 30. basis of shippers liability to the carrier23article 31. information for compilation of contract particulars23article 32. special rules on dangerous goods24article 33. assumption of shippers rights and obligations

8、by the documentary shipper24article 34. liability of the shipper for other persons24chapter 8. transport documents and electronic transport records25article 35. issuance of the transport document or the electronic transport record25article 36. contract particulars25article 37. identity of the carrie

9、r27article 38. signature27article 39. deficiencies in the contract particulars28article 40. qualifying the information relating to the goods in the contract particulars28article 41. evidentiary effect of the contract particulars30article 42. “freight prepaid”31chapter 9. delivery of the goods31artic

10、le 43. obligation to accept delivery31article 44. obligation to acknowledge receipt31article 45. delivery when no negotiable transport document or negotiable electronic transport record is issued32article 46. delivery when a non-negotiable transport document that requires surrender is issued33articl

11、e 47. delivery when a negotiable transport document or negotiable electronic transport record is issued34article 48. goods remaining undelivered37article 49. retention of goods38chapter 10. rights of the controlling party38article 50. exercise and extent of right of control38article 51. identity of

12、the controlling party and transfer of the right of control39article 52. carriers execution of instructions41article 53. deemed delivery42article 54. variations to the contract of carriage42article 55. providing additional information, instructions or documents to carrier42article 56. variation by ag

13、reement43chapter 11. transfer of rights43article 57. when a negotiable transport document or negotiable electronic transport record is issued43article 58. liability of holder44chapter 12. limits of liability44article 59. limits of liability44article 60. limits of liability for loss caused by delay45

14、article 61. loss of the benefit of limitation of liability46chapter 13. time for suit46article 62. period of time for suit46article 63. extension of time for suit47article 64. action for indemnity47article 65. actions against the person identified as the carrier47chapter 14. jurisdiction48article 66

15、. actions against the carrier48article 67. choice of court agreements48article 68. actions against the maritime performing party49article 69. no additional bases of jurisdiction50article 70. arrest and provisional or protective measures50article 71. consolidation and removal of actions50article 72.

16、agreement after a dispute has arisen and jurisdiction when the defendant has entered an appearance51article 73. recognition and enforcement51article 74. application of chapter 1451chapter 15. arbitration52article 75. arbitration agreements52article 76. arbitration agreement in non-liner transportati

17、on53article 77. agreement to arbitrate after a dispute has arisen54article 78. application of chapter 1554chapter 16. validity of contractual terms54article 79. general provisions54article 80. special rules for volume contracts55article 81. special rules for live animals and certain other goods56cha

18、pter 17. matters not governed by this convention57article 82. international conventions governing the carriage of goods by other modes of transport57article 83. global limitation of liability58article 84. general average58article 85. passengers and luggage58article 86. damage caused by nuclear incid

19、ent58chapter 18. final clauses59article 87. depositary59article 88. signature, ratification, acceptance, approval or accession59article 89. denunciation of other conventions59article 90. reservations61article 91. procedure and effect of declarations61article 92. effect in domestic territorial units6

20、2article 93. participation by regional economic integration organizations62article 94. entry into force63article 95. revision and amendment64article 96. denunciation of this convention64 united nations convention on contracts for the international carriage of goods wholly or partly by seathe states

21、parties to this convention,reaffirming their belief that international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among states,convinced that the progressive harmonization and unification of international trade law, in reducing or removi

22、ng legal obstacles to the flow of international trade, significantly contributes to universal economic cooperation among all states on a basis of equality, equity and common interest, and to the well-being of all peoples,recognizing the significant contribution of the international convention for th

23、e unification of certain rules of law relating to bills of lading, signed in brussels on 25 august 1924, and its protocols, and of the united nations convention on the carriage of goods by sea, signed in hamburg on 31 march 1978, to the harmonization of the law governing the carriage of goods by sea

24、,mindful of the technological and commercial developments that have taken place since the adoption of those conventions and of the need to consolidate and modernize them,noting that shippers and carriers do not have the benefit of a binding universal regime to support the operation of contracts of m

25、aritime carriage involving other modes of transport,believing that the adoption of uniform rules to govern international contracts of carriage wholly or partly by sea will promote legal certainty, improve the efficiency of international carriage of goods and facilitate new access opportunities for p

26、reviously remote parties and markets, thus playing a fundamental role in promoting trade and economic development, both domestically and internationally,have agreed as follows:chapter 1. general provisionsarticle 1. definitionsfor the purposes of this convention:1. “contract of carriage” means a con

27、tract in which a carrier, against the payment of freight, undertakes to carry goods from one place to another. the contract shall provide for carriage by sea and may provide for carriage by other modes of transport in addition to the sea carriage.2. “volume contract” means a contract of carriage tha

28、t provides for the carriage of a specified quantity of goods in a series of shipments during an agreed period of time. the specification of the quantity may include a minimum, a maximum or a certain range.3. “l(fā)iner transportation” means a transportation service that is offered to the public through

29、publication or similar means and includes transportation by ships operating on a regular schedule between specified ports in accordance with publicly available timetables of sailing dates.4. “non-liner transportation” means any transportation that is not liner transportation.5. “carrier” means a per

30、son that enters into a contract of carriage with a shipper.6. (a) “performing party” means a person other than the carrier that performs or undertakes to perform any of the carriers obligations under a contract of carriage with respect to the receipt, loading, handling, stowage, carriage, care, unlo

31、ading or delivery of the goods, to the extent that such person acts, either directly or indirectly, at the carriers request or under the carriers supervision or control.(b) “performing party” does not include any person that is retained, directly or indirectly, by a shipper, by a documentary shipper

32、, by the controlling party or by the consignee instead of by the carrier.7. “maritime performing party” means a performing party to the extent that it performs or undertakes to perform any of the carriers obligations during the period between the arrival of the goods at the port of loading of a ship

33、 and their departure from the port of discharge of a ship. an inland carrier is a maritime performing party only if it performs or undertakes to perform its services exclusively within a port area.8. “shipper” means a person that enters into a contract of carriage with a carrier.9. “documentary ship

34、per” means a person, other than the shipper, that accepts to be named as “shipper” in the transport document or electronic transport record.10. “holder” means:(a) a person that is in possession of a negotiable transport document; and (i) if the document is an order document, is identified in it as t

35、he shipper or the consignee, or is the person to which the document is duly endorsed; or (ii) if the document is a blank endorsed order document or bearer document, is the bearer thereof; or(b) the person to which a negotiable electronic transport record has been issued or transferred in accordance

36、with the procedures referred to in article 9, paragraph 1.11. “consignee” means a person entitled to delivery of the goods under a contract of carriage or a transport document or electronic transport record.12. “right of control” of the goods means the right under the contract of carriage to give th

37、e carrier instructions in respect of the goods in accordance with chapter 10.13. “controlling party” means the person that pursuant to article 51 is entitled to exercise the right of control.14. “transport document” means a document issued under a contract of carriage by the carrier that:(a) evidenc

38、es the carriers or a performing partys receipt of goods under a contract of carriage; and(b) evidences or contains a contract of carriage.15. “negotiable transport document” means a transport document that indicates, by wording such as “to order” or “negotiable” or other appropriate wording recogniz

39、ed as having the same effect by the law applicable to the document, that the goods have been consigned to the order of the shipper, to the order of the consignee, or to bearer, and is not explicitly stated as being “nonnegotiable” or “not negotiable”.16. “non-negotiable transport document” means a t

40、ransport document that is not a negotiable transport document.17. “electronic communication” means information generated, sent, received or stored by electronic, optical, digital or similar means with the result that the information communicated is accessible so as to be usable for subsequent refere

41、nce.18. “electronic transport record” means information in one or more messages issued by electronic communication under a contract of carriage by a carrier, including information logically associated with the electronic transport record by attachments or otherwise linked to the electronic transport

42、 record contemporaneously with or subsequent to its issue by the carrier, so as to become part of the electronic transport record, that:(a) evidences the carriers or a performing partys receipt of goods under a contract of carriage; and(b) evidences or contains a contract of carriage.19. “negotiable

43、 electronic transport record” means an electronic transport record:(a) that indicates, by wording such as “to order”, or “negotiable”, or other appropriate wording recognized as having the same effect by the law applicable to the record, that the goods have been consigned to the order of the shipper

44、 or to the order of the consignee, and is not explicitly stated as being “non-negotiable” or “not negotiable”; and(b) the use of which meets the requirements of article 9, paragraph 1.20. “non-negotiable electronic transport record” means an electronic transport record that is not a negotiable elect

45、ronic transport record.21. the “issuance” of a negotiable electronic transport record means the issuance of the record in accordance with procedures that ensure that the record is subject to exclusive control from its creation until it ceases to have any effect or validity.22. the “transfer” of a ne

46、gotiable electronic transport record means the transfer of exclusive control over the record.23. “contract particulars” means any information relating to the contract of carriage or to the goods (including terms, notations, signatures and endorsements) that is in a transport document or an electroni

47、c transport record.24. “goods” means the wares, merchandise, and articles of every kind whatsoever that a carrier undertakes to carry under a contract of carriage and includes the packing and any equipment and container not supplied by or on behalf of the carrier.25. “ship” means any vessel used to

48、carry goods by sea.26. “container” means any type of container, transportable tank or flat, swapbody, or any similar unit load used to consolidate goods, and any equipment ancillary to such unit load.27. “vehicle” means a road or railroad cargo vehicle.28. “freight” means the remuneration payable to

49、 the carrier for the carriage of goods under a contract of carriage.29. “domicile” means (a) a place where a company or other legal person or association of natural or legal persons has its (i) statutory seat or place of incorporation or central registered office, whichever is applicable, (ii) centr

50、al administration or (iii) principal place of business, and (b) the habitual residence of a natural person.30. “competent court” means a court in a contracting state that, according to the rules on the internal allocation of jurisdiction among the courts of that state, may exercise jurisdiction over

51、 the dispute.article 2. interpretation of this conventionin the interpretation of this convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.article 3. form requirementsthe notic

52、es, confirmation, consent, agreement, declaration and other communications referred to in articles 19, paragraph 2; 23, paragraphs 1 to 4; 36, subparagraphs 1 (b), (c) and (d); 40, subparagraph 4 (b); 44; 48, paragraph 3; 51, subparagraph 1 (b); 59, paragraph 1; 63; 66; 67, paragraph 2; 75, paragrap

53、h 4; and 80, paragraphs 2 and 5, shall be in writing. electronic communications may be used for these purposes, provided that the use of such means is with the consent of the person by which it is communicated and of the person to which it is communicated.article 4. applicability of defences and lim

54、its of liability1. any provision of this convention that may provide a defence for, or limit the liability of, the carrier applies in any judicial or arbitral proceeding, whether founded in contract, in tort, or otherwise, that is instituted in respect of loss of, damage to, or delay in delivery of

55、goods covered by a contract of carriage or for the breach of any other obligation under this convention against:(a) the carrier or a maritime performing party;(b) the master, crew or any other person that performs services on board the ship; or(c) employees of the carrier or a maritime performing pa

56、rty.2. any provision of this convention that may provide a defence for the shipper or the documentary shipper applies in any judicial or arbitral proceeding, whether founded in contract, in tort, or otherwise, that is instituted against the shipper, the documentary shipper, or their subcontractors,

57、agents or employees.chapter 2. scope of applicationarticle 5. general scope of application1. subject to article 6, this convention applies to contracts of carriage in which the place of receipt and the place of delivery are in different states, and the port of loading of a sea carriage and the port

58、of discharge of the same sea carriage are in different states, if, according to the contract of carriage, any one of the following places is located in a contracting state:(a) the place of receipt;(b) the port of loading;(c) the place of delivery; or(d) the port of discharge.2. this convention applies without regard to the nationality of the vessel, the carrier, the performing parties, the shipper, the con