The Hamburg Rules

The United Nations Convention on the Carriage of Goods by Sea (hereinafter referred to as the “Hamburg Rules”) was adopted on 31 March 1978 by a diplomatic conference convened in Hamburg (Federal Republic of Germany) by the United Nations General Assembly. It entered into force on 1 November 1992.

The Hamburg Rules establish a uniform legal regime governing the rights and obligations of shippers, carriers, and consignees bound by a contract for the carriage of goods by sea. They primarily focus on the carrier’s liability for loss of or damage to the goods, or for delay in their delivery. They also address the liability of the shipper for loss suffered by the carrier and for damage to the vessel, as well as certain obligations and liabilities of the shipper concerning dangerous goods. Other provisions of the Hamburg Rules relate to transport documents issued by the carrier, in particular bills of lading and non-negotiable documents, and to rights and actions under the Convention.

The Hamburg Rules are intended to replace the Hague Rules. Although the Hamburg Rules contain more detailed provisions regarding bills of lading and better allow the use of non-negotiable transport documents, they do not fundamentally alter the law governing the documentary aspects of the carriage of goods by sea.

Period of Liability

In order for liability for loss or damage to be borne by the party who has the goods under its control and is therefore best able to protect them against such loss or damage, the Hamburg Rules apply to the entire period during which the goods are in the custody of the carrier at the port of loading, during the carriage, and at the port of discharge.

Scope of Application

The Hamburg Rules apply to all contracts for the carriage of goods by sea between two different States when the port of loading or the port of discharge specified in the contract is located in a Contracting State, when the goods are discharged in one of the optional ports of discharge provided for in the contract and that port is located in a Contracting State, or when the bill of lading or other document evidencing the contract is issued in a Contracting State. The Hamburg Rules also apply when the bill of lading or other document evidencing the contract of carriage so provides. The application of the Rules does not depend on the nationality of the vessel, the carrier, the shipper, the consignee, or any other interested person.

It should be specified that they apply in particular to:

• all contracts for the maritime carriage of goods, whether or not a bill of lading is issued;

• the carriage of goods on deck;

• the carriage of live animals; and

• all operations taking place between the taking over of the goods by the maritime carrier and their delivery, including handling operations when they are carried out while the goods are in the custody of the carrier.

The Hamburg Rules do not apply to charterparty contracts. However, a bill of lading issued pursuant to a charterparty is subject to them insofar as it governs the relationship between the carrier and the holder of the bill of lading, provided that the latter is not the charterer.