Communication from the Ministry of Foreign Affairs No. 193 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the United Nations Convention on the Carriage of Goods by Sea, 1978
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193
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that the United Nations Convention on the Carriage of Goods by Sea, 1978 was adopted in Hamburg on 31 March 1978.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 6 March 1979.
On 2 June 1993, by letter of the Minister of Foreign Affairs, the Czech Republic notified the Secretary-General of the United Nations, the depositary of the Convention, that, in accordance with the applicable principles of international law, the successor State of the Czech and Slovak Federal Republic, with effect from 1 January 1993, is to be regarded as a signatory State of the United Nations Convention on the Carriage of Goods by Sea, 1978.
The Parliament of the Czech Republic has given its assent to the Convention and has ratified it.
The instruments of ratification of the Czech Republic were deposited with the Secretary-General of the United Nations on 23 June 1995. When the Convention was ratified, it was declared "that the limit of liability of the carrier in the Czech Republic is governed by Article 6 of the United Nations Convention on the Carriage of Goods by Sea, 1978 '.
The Convention entered into force on 1 November 1992 on the basis of its Article 30 (1) and for the Czech Republic on 1 July 1996 on the basis of paragraph 2 thereof.
The Czech translation of the Convention is being announced simultaneously.
CONVENTION
United Nations Maritime Transport of Goods, 1978
Preamble
The Contracting States to this Convention have recognised that it is desirable to establish by agreement certain rules concerning the transport of goods by sea, and
have decided to negotiate the Convention to that end and have agreed as follows:
GENERAL PROVISIONS
Definitions
In this Convention:
1. "Carrier" means any person who has entered into or on behalf of a maritime transport contract with the consignor.
2. "Other carrier" shall mean any person entrusted with the carriage of goods or parts of goods and includes any other person entrusted with such execution.
3. "Consignor" means any person who has entered into a contract with the carrier for the carriage of goods by sea or on whose behalf or on whose behalf such contract has been concluded, or any person who has actually transferred goods to or on whose behalf or on whose behalf the goods have been so transmitted to the carrier in connection with the contract for sea transport.
4. "Consignee" means the person entitled to receive the goods.
5. "Goods" shall include live animals; where the goods are grouped in a container, pallet or similar means of transport or are packed, the "goods' shall include such means of transport or packaging, provided that they are provided by the consignor.
6. "Maritime contract" means any contract by which the carrier undertakes to carry goods by sea from one port to another for payment of the freight; However, a contract which includes maritime transport and also transport by any other means shall be deemed to be a contract for maritime transport for the purposes of this Convention only insofar as it covers maritime transport.
7. "Konosament" shall mean a document which is a document proving a contract for maritime transport and that the carrier has taken over or loaded the goods and by which the carrier undertakes to issue the goods on surrender. The provision that goods are to be issued in the ranks of a designated person or in the series or in the bearer shall constitute such an obligation.
8. The term "written" shall include, inter alia, telegraphic and telex communications.
Scope of application
1. The provisions of this Convention shall apply to all maritime transport contracts between two different States where:
(a) the port of loading provided for in the maritime transport contract is within the territory of the Contracting State; or
(b) the port of unloading provided for in the maritime transport contract is within the territory of the Contracting State; or
(c) one of the ports of unloading selected in the maritime transport contract is the actual port of unloading and where such port is in the territory of the Contracting State; or
(d) the bill of lading or any other document which is a proof of a maritime contract is issued in a Contracting State; or
(e) the bill of lading or any other document which is a proof of a maritime contract provides that the contract is to be governed by the provisions of this Convention or by the laws of a State which has adopted it.
2. The provisions of this Convention shall apply without prejudice to the nationality of the ship, carrier, other carrier, consignor, consignee or any other interested party.
3. The provisions of this Convention shall not apply to ship traffic contracts and ship rental contracts. However, where a bill of lading has been issued under a ship's operation contract or a ship's rental contract, the provisions of this Convention shall apply to a bill of lading governed by the relationship between the carrier and the holder of the bill of lading, which is neither the orderer nor his tenant.
4. Where the contract provides for the future carriage of goods to take place in several consecutive consignments during the agreed period, the provisions of this Convention shall apply to each such consignment, but where the consignment is transported under a contract of operation or a contract of hire of a ship, paragraph 3 of this Article shall apply.
Interpretation of the Convention
The interpretation and application of the provisions of this Convention shall take account of its international nature and the need to facilitate its uniformity.
TRANSPORT LIABILITY
Liability period
1. The carrier's liability for goods under this Convention shall cover the period during which the goods are held by the carrier at the port of loading, during transport and at the port of unloading.
2. For the purposes of paragraph 1 of this Article, the carrier shall be deemed to have custody of the goods:
(a) since taking over the goods from:
(i) the consignor or person acting on his behalf; or
(ii) the official authority or other third parties to whom the goods must be presented for dispatch in accordance with the laws, regulations or administrative provisions in force at the port of loading;
(b) until he has issued the goods:
(i) by transmitting the goods to the consignee; or
(ii) where the consignee does not take over the goods from the carrier by making them available to the consignee in accordance with the contract or with the law or practice of the relevant commercial sector in force at the port of destination; or
(iii) by transferring the goods to an official body or to another third party to whom the goods must be transferred in accordance with the laws, regulations or administrative provisions in force in the port.
3. The reference to the carrier or to the consignee in paragraphs 1 and 2 of this Article shall mean, in addition to the carrier or the consignee, the employee or agent of the carrier or, where appropriate, the consignee.
Principles of liability
1. The carrier shall be liable for damage caused by the loss of the goods or damage to them and for late delivery where the event which caused the loss, damage or delay occurred at the time when the goods were in his custody, as provided for in Article 4, unless the carrier proves that he, his staff or agents have taken all the necessary measures to prevent the event and its consequences.
2. Late delivery occurs if the goods were not issued at the port of unloading provided for in the maritime transport contract at the time of the expressly agreed agreement or if there was no such arrangement, at the time when it would be reasonable to require a careful carrier to take into account the circumstances of the case.
3. The person entitled to claim for loss of goods may consider the goods lost if they have not been delivered, as required by Article 4, within 60 consecutive days following the expiry of the delivery period referred to in paragraph 2 of this Article.
4. (a) The carrier corresponds
(i) for the loss or damage of the goods or for the late delivery of which the fire was caused if the person claiming the fire proves that the fire was caused by the fault or negligence of the carrier, its staff or agents;
(ii) for such loss, damage or late delivery as the person claiming to prove that they have occurred as a result of the fault or negligence of the carrier, its staff or agents, by not taking all the measures which may reasonably have been required to extinguish the fire and to eliminate or mitigate its consequences.
(b) In the event of a fire on a ship affecting the goods, if the person claiming or the carrier so wishes, an inspection shall be carried out in accordance with the maritime traffic practice in order to establish the cause and circumstances of the fire and a copy of the inspector's report shall be made available to the carrier and the person claiming the claim upon request.
5. As regards live animals, the carrier shall not be liable for loss, damage or delayed delivery resulting from special hazards inherent in such a type of transport. If the carrier proves that he has complied with all the special instructions given to him by the consignor concerning the animals and that, under the circumstances of the case, loss, damage or delayed delivery may be attributed to such a risk, the loss, damage or delay in delivery shall be deemed to have been caused unless it is established that the loss, damage or delay in delivery occurred in whole or in part as a result of the fault or negligence of the carrier, its staff or agents.
6. The carrier shall not be liable for damage, except in the case of a common accident, where loss, damage or delayed delivery has resulted from life-saving measures or reasonable measures to save assets at sea.
7. Where the fault or negligence of the carrier, its staff or agents, together with any other cause, has caused loss, damage or delay in delivery, the carrier shall be liable only to the extent that the loss, damage or delay in delivery may be attributed to such fault or negligence, provided that the carrier proves the amount due to loss, damage or delay in delivery which cannot be attributed to such fault or negligence.
Limitation of liability
1. (a) The carrier's liability for damage resulting from loss or damage to the goods referred to in Article 5 shall be limited to the amount corresponding to 835 units of account per head or for another transport unit or 2,5 units of account per kilogram of gross weight of goods lost or damaged, whichever is the greater.
(b) The carrier's liability for late delivery as provided for in Article 5 shall be limited to an amount equal to two and a half times the freight relating to goods for which late delivery has taken place but shall not exceed the total freight due under the contract for the carriage of goods by sea.
(c) In no case shall the total of the carrier's liability referred to in (a) and (b) of this paragraph exceed the limit which would be established pursuant to (a) of this paragraph for the total loss of the goods on the basis of which such liability took place.
2. For the purposes of calculating the amount higher in accordance with paragraph 1.a of this Article, the following rules shall apply:
(a) Where a container, pallets or similar means of transport for the grouping of goods, piece or other transport unit, as quantified in the bill of lading, has been issued or has not been issued, any other document which is a proof of a maritime contract, as packaged in such a means of transport, shall be deemed to be cuts or transport units. Except in that case, goods in such a means of transport shall be considered as one transport unit.
(b) Where the means of transport itself has been lost or damaged, the means of transport shall be considered as one separate transport unit, unless it is owned by the carrier or otherwise provided by the carrier.
3. The unit of account shall mean the unit of account referred to in Article 26.
4. An agreement between the carrier and the consignor may set a higher liability limit than that provided for in paragraph 1.
Application to non-contractual claims
1. The exclusion from liability and limitation of liability provided for in this Convention shall apply to any action against a carrier for the loss or damage of goods covered by a maritime transport contract and for late delivery, whether the action is based on a contract or on non-contractual liability or is justified otherwise.
2. Where such an action is brought against a carrier's staff member or agent, such staff member or agent, if he proves that he has acted in the course of his duties, he shall be entitled to rely on the exclusion and limitation of liability which he is entitled to rely on under this Convention.
3. Except as provided for in Article 8, the total amount of compensation which may be claimed from the carrier and from any person referred to in paragraph 2 of this Article shall not exceed the limits of liability laid down in this Convention.
Loss of the right to limit liability
1. The carrier shall not be entitled to benefit from the limitation of liability provided for in Article 6 if it is established that the loss or damage or delay in delivery occurred as a result of the carriage's actions or omissions which are intended to cause such loss, damage or delay or serious negligence and that such loss, damage or delay is likely to occur.
2. Notwithstanding the provisions of paragraph 2 of Article 7, a member of the staff or agent of the carrier shall not be entitled to benefit from the limitation of liability provided for in Article 6 if it is established that the loss or damage or delay in delivery occurred as a result of the conduct or omission of such staff or agent with the intention of causing such loss, damage or delay or of serious negligence and that such loss, damage or delay is likely to occur.
On-board cargo
1. The carrier shall be entitled to carry the goods on board only if such transport complies with the arrangements with the consignor or with the practice of the relevant commercial sector or is required by generally binding legislation.
2. If the carrier and the consignor have agreed that the goods will or may be carried on board, the carrier must declare to that effect in the bill of lading or in another document which is a proof of the maritime contract. If such a declaration is missing, the carrier shall bear the burden of proof that an arrangement for carriage on board has been concluded; However, the carrier is not entitled to rely on such an arrangement against a third party, including the recipient, who has acquired a good faith bill.
3. Where goods have been carried on board in breach of paragraph 1 of this Article or where the carrier cannot rely on carriage arrangements on board pursuant to paragraph 2 of this Article, the carrier shall be liable, irrespective of the provisions of paragraph 1 of Article 5, for the loss or damage of the goods and for late delivery resulting solely from carriage on board, and the extent of its liability shall be determined in accordance with the provisions of Article 6 or, where appropriate, in accordance with Article 8 of this Convention.
4. The carriage of goods carried on board, carried out in contravention of the express arrangement for carriage below deck, shall be deemed to be an act or omission of the carrier within the meaning of Article 8.
Liability of the carrier and other carrier
1. Where another carrier has been entrusted with the execution of a shipment or part thereof, whether within the scope of the authorisation given in the maritime contract or not, the carrier shall nevertheless remain responsible for the entire shipment under the provisions of this Convention. The carrier shall be responsible for the actions and omissions of the other carrier and its staff and agents in so far as they act in the course of their duties.
2. All provisions of this Convention governing the responsibility of the carrier shall also apply to the liability of another carrier for the carriage which it has carried out. Paragraphs 2 and 3 of Article 7 and paragraph 2 of Article 8 shall apply where an action is brought against a staff member or agent of another carrier.
3. Any specific arrangement whereby a carrier accepts obligations not imposed by this Convention or waives the rights conferred on it by this Convention shall only affect another carrier if it has expressly and in writing given its consent. Whether or not another carrier has given such consent, the carrier shall nevertheless remain bound by the obligations or waiving the rights resulting from such a special arrangement.
4. The liability of the carrier and of the other carrier shall be shared and different if they are both responsible and to the extent that they are both responsible.
5. The sum of the amounts which may be claimed from the carrier, the other carrier and their staff and agents shall not exceed the limit of liability laid down in this Convention.
6. Nothing in this article is prejudicial to any right of penalty between a carrier and another carrier.
Interim transport
1. Notwithstanding the provisions of paragraph 1 of Article 10, where a maritime transport contract expressly provides that a part of the shipment covered by that contract is to be carried out on behalf of a person other than the carrier, the contract may also provide that the carrier is not liable for the loss, damage and delay of delivery caused by an event which occurred at the time when the goods are held by another carrier during that part of the carriage. However, any provision restricting or excluding such liability shall be ineffective if no legal proceedings against another carrier can be brought before the court competent pursuant to paragraphs 1 and 2 of Article 21. The burden of proof that the loss, damage or delay in delivery was caused by such an event lies with the carrier.
2. In accordance with the provisions of paragraph 2 of Article 10, another carrier shall be liable for the loss, damage and delay of supply caused by an event which occurred at the time when the goods were in his custody.
RELIABILITY OF THE DEPARTMENT
General rule
The consignor shall not be liable for loss suffered by the carrier or other carrier, or for damage suffered by the ship, where such loss or damage was not caused by the fault or negligence of the consignor, its staff or agents. No member of staff or agent of the consignor shall be liable for such loss or damage if the loss or damage has not been caused by his fault or negligence.
Specific rules on dangerous goods
1. The consignor must properly label or label dangerous goods.
2. Where the consignor transfers dangerous goods to a carrier or, where applicable, to another carrier, he shall inform him of the dangerous nature of the goods and, where necessary, of the measures to be taken. If the consignor does not do so and the carrier or other carrier or otherwise knows of its dangerous nature:
(a) the consignor is responsible to the carrier and to any other carrier for the loss resulting from the dispatch of such goods; and
(b) the goods may be unloaded, destroyed and made harmless at any time, as appropriate, without compensation.
3. The provisions of paragraph 2 of this Article may not be invoked by any person if, during transport, he has taken over the goods and has known their dangerous nature.
4. Where, in cases not covered by paragraph 2, points (a) and (b) are not applicable. (b) this Article, or may not be invoked, becomes a real danger to life or property, such goods may be unloaded, destroyed or made harmless without compensation, except where there is an obligation to contribute to a common accident or where the carrier complies with the provisions of Article 5.
TRANSPORT DOCUMENTS
Issue of cannabis
1. If the carrier or other carrier takes custody of the goods, the carrier must, at the request of the consignor, issue the bill of lading to the consignor.
2. Konosament may be signed by the person empowered to do so by the carrier. Konosament signed by the captain of the ship on which the goods are carried shall be deemed to have been signed on behalf of the carrier.
3. The signature on the bill of lading may be printed in facsimile, perforated, stamped, in symbols or made by any other mechanical or electronic means, unless this is contrary to the law of the State where the bill was issued.
Forms of the bill
1. Konosament shall include, inter alia:
(a) the general nature of the goods, the principal marks necessary for the identification of the goods, the express declaration, where appropriate, of the dangerous nature of the goods, the number of packages or pieces and the weight of the goods or their quantities expressed in other ways, as provided by the consignor;
(b) the apparent condition of the goods;
(c) the name and registered office of the carrier;
(d) the name of the consignor;
(e) the consignee, if appointed by the consignor;
(f) the port of loading under the sea transport contract and the date on which the goods were taken over by the carrier in the port of loading;
(g) port of unloading under the maritime transport contract;
(h) the number of original hemp, if more than one;
(i) place of issue of the bill of lading;
(j) the signature of the carrier or person acting on its behalf;
(k) the transport charges to the extent that they are to be paid by the consignee or any other indication that the transport charges are to be paid by the consignee;
(l) a declaration referred to in paragraph 3 of Article 23;
(m) a declaration, where appropriate, that the goods will or may be carried on board;
(n) the date or time of issue of the goods at the port of unloading, where this has been expressly agreed between the Parties; and
(o) any increased or increased limitation of liability, where this has been agreed in accordance with paragraph 4 of Article 6.
2. If the goods have already been loaded on a ship and the consignor so requests, the carrier shall issue to the consignor a "on-board" bill of lading, which, in addition to the information required in paragraph 1 of this Article, must confirm that the goods have been loaded on the ship or ships designated and the date or dates of loading. Where the carrier has previously issued a bill of lading or another document authorising the issue of such goods, the consignor shall, at the request of the carrier, submit such document in exchange for the "on-board" bill of lading. The carrier may modify any document previously issued in order to comply with the consignor's requirement to issue a "on-board 'bill of lading if such document, after modification, includes all the information that must be included in the" on-board' bill of lading.
3. The absence of one or more of the particulars referred to in this Article shall not affect the legal nature of the document as a hemp, provided that it otherwise complies with the requirements laid down in paragraph 7 of Article 1.
Cannabis, reservations and evidentiary effects
1. Where the bill of lading contains data relating to the general nature, the main marks, the number of packages or pieces, the weight or quantity of goods which the carrier or other person issuing the bill of lading knows on its behalf or has reasonable grounds for suspecting that they do not correspond precisely to the goods which have actually been taken over, or where the "on-board 'bill of lading and the goods have been loaded, or where it does not have adequate means of checking such data, the carrier or any other person must place a reservation on the bill describing such inaccuracies, the grounds for suspicion or lack of adequate means of control.
2. If the carrier or other person issuing the bill of lading omits, on his behalf, to mention the apparent state of the goods, it shall be deemed to have noted in the bill of lading that the goods were clearly in good condition.
3. Except for information in respect of which and under which a reservation authorised pursuant to paragraph 1 of this Article has been made:
(a) the bill of lading is, unless proven otherwise, a proof that the carrier has taken over or that the "on-board" bill has been issued that he has loaded the goods onto the ship as described in the bill of lading; and
(b) the carrier's licence to the contrary shall not be admissible if the bill has been transferred to a third party, including the consignee, who has acted in good faith and has relied on the description of the goods contained in the bill.
4. A Konosament which does not indicate the freight or other means of indicating that the freight is to be paid by the consignee, as provided for in paragraph 1 (b). (k) Article 15, nor shall it indicate any delay which has taken place at the port of loading and which is due to be paid by the consignee, be a card, unless it is shown otherwise, that the consignee is not obliged to pay either the freight or the delay. However, the carrier's reverse card is not admissible if the bill of lading was transferred to a third party, including the recipient, who acted in good faith and relied on the fact that no such indication was given in the bill of lading.
Guarantees by the consignor
1. The consignor shall be deemed to have guaranteed the carrier the accuracy of the data relating to the general nature of the goods, their marks, the number, weight and quantity as indicated in order to be included in the bill. The consignor must compensate the carrier for the loss resulting from the inaccuracies of such data. The sender remains responsible even though he transferred the bill to a third party. The right of the carrier to such compensation shall in no way restrict its liability under the maritime transport contract to any person other than the consignor.
2. Any guarantee letter or arrangement by which the consignor undertakes to compensate the carrier for the loss resulting from the issuance of the bill of lading by the carrier or the person acting on his behalf, without making any reservation as to the particulars communicated by the consignor for the purpose of placing them on the bill of lading or the apparent condition of the goods, shall be invalid and ineffective in respect of any third party, including the consignee to whom the bill has been transferred.
3. Such a guarantee letter or arrangements shall be valid against the consignor if the carrier or person acting on his behalf, by abandoning the reservation referred to in paragraph 2 of this Article, does not intend to deceive a third party, including the consignee, who, in his action, relies on the description of the goods in the hemp. Where, in that last case, the reservation omitted relates to data communicated by the consignor for the purpose of putting them into the bill of lading, the carrier shall not be entitled to compensation from the consignor in accordance with paragraph 1 of this Article.
4. In the case of the intended fraud referred to in paragraph 3 of this Article, the carrier shall, without benefiting from the limitation of liability provided for in this Convention, be liable for the loss suffered by a third party, including the consignee, since it relied in its action on the description of the goods in the bill of lading.
Documents other than bill
If the carrier issues a document other than a bill of lading to produce a certificate of acceptance of goods for carriage, such document shall, unless proven otherwise, be a certificate of conclusion of a sea transport contract and take-over by the carrier as described therein.
Entitlements and claims
Notification of loss, damage or delay
1. If the consignee does not provide the carrier with a written notice of loss or damage specifying the general nature of such loss or damage not later than the working day following the date on which the goods were delivered to the consignee, such transmission of the goods shall be a card unless it is demonstrated otherwise that the carrier has issued the goods as described in the transport document or if such document has not been issued that it has issued them in good condition.
2. Where the loss or damage is not evident, the provisions of paragraph 1 of this Article shall apply mutatis mutandis if the written notification has not been transmitted within 15 days following the date on which the goods were transmitted to the consignee.
3. Where the condition of the goods at the time when they were transmitted to the consignee has been subjected to a joint survey or inspection of the parties, a written notice of loss or damage that has been found during that inspection or inspection may not be submitted.
4. In the event of any actual or anticipated loss or damage to the carrier and the consignee, they shall provide each other with all reasonable conditions for checking and recalculating the goods.
5. No compensation shall be granted for damage resulting from late delivery if the written notification has not been submitted to the carrier within 60 days of the date on which the goods were delivered to the consignee.
6. Where the goods have been issued by another carrier, any notification transmitted to them pursuant to this Article shall have the same effect as if it had been transmitted to the carrier and any notification transmitted to the carrier shall have the same effect as if it had been transmitted to that additional carrier.
7. Where the carrier or other carrier has not transmitted to the consignor a written notification of loss or damage specifying the general nature of such loss or damage no later than 90 days after the loss or damage has occurred or after the goods have been issued in accordance with paragraph 2 of Article 4, the failure to submit such notification shall be a proof that the carrier or other carrier has not suffered loss or damage as a result of the fault or negligence of the consignor, his staff or agents.
8. For the purposes of this Article, a notification made to a person acting on behalf of a carrier or another carrier, including a captain or an officer who looks after a ship, or to a person acting on behalf of a consignor, shall be deemed to be the carrier, the other carrier or, where appropriate, the consignor.
Limitation of rights
1. Any action relating to the carriage of goods under this Convention shall be suspended if the judicial or arbitral proceedings have not been initiated within two years.
2. The limitation period shall begin on the day on which the goods or parts thereof were issued and, in cases where no goods were issued, on the last day on which the goods were to be issued.
3. The date on which the limitation period begins is not included in that period.
4. The person against whom the claim is claimed may, at any time during the limitation period, extend that period by written declaration to the person claiming the claim. This period may be renewed by further declarations or declarations.
5. The person who has been recognised as liable may bring an action for damages after the limitation period laid down in the preceding paragraphs has expired if he submits it within a period authorised by the law of the State where the proceedings have been initiated. However, the period allowed may not be less than 90 days starting from the date on which the person who brought the action for damages satisfied the claim or was served in the action against it.
Jurisdiction
1. In legal proceedings relating to the carriage of goods under this Convention, the applicant may, at his choice, bring an action before a court which is competent under the law of the State where the court has its registered office and in whose jurisdiction one of the following places lies:
(a) the principal place of business or, in the absence thereof, the habitual residence of the defendant; or
(b) the place where the contract was concluded, on condition that the defendant has his registered office, branch or representation, through which the contract was concluded; or
(c) port of loading or port of unloading; or
(d) any other place designated for that purpose in the contract for the carriage of goods by sea.
2. (a) Notwithstanding the preceding provisions of this Article, an action may be brought before the courts of any port or place in the Contracting State in which a ship used for carriage or any other ship belonging to the same owner may be detained in accordance with the applicable law of that State and international law. In such a case, however, at the request of the defendant, the person claiming the claim must, at his choice, delegate the action to one of the places of jurisdiction referred to in paragraph 1 of this Article as having jurisdiction to the decision on the claim, but before such delegation of the action, the defendant must provide sufficient assurance to ensure payment in accordance with any decision which may subsequently be given to the person claiming the claim on the basis of his action.
(b) All matters relating to the adequacy of the guarantee or to the guarantee at all shall be decided by the court of the port or detention place.
3. A place not referred to in paragraph 1 or 2 of this Article shall not be subject to judicial proceedings concerning the carriage of goods under this Convention. The provisions of this paragraph shall not impede the competence of the Contracting States with regard to provisional and protective measures.
4. (a) Where an action has been brought before a court competent pursuant to paragraph 1 or 2 of this Article, or where such court has given a judgment, a new action may not be brought between the same parties for the same reasons, unless the decision of the court before which the first action was brought is enforceable in the State in which the new proceedings have been opened.
(b) For the purposes of this Article, a new action may not be deemed to have been brought if proceedings have been initiated to ensure the enforcement of the decision.
(c) For the purposes of this Article, a new action may not be considered to have been brought if the action is transferred to another court in the same State or to a court in another State in accordance with paragraph 2.a of this Article.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 193 / 1996 Coll., on the negotiation of the United Nations Convention on the Carriage of Goods by Sea, 1978 |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.07.1996 |
|---|---|
| Effective from | 01.07.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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