INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OFLAW WITH RESPECT TO COLLISION BETWEEN VESSELS, 1910
INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OFLAW WITH RESPECT TO COLLISION BETWEEN VESSELS, 1910
Whole document
Article 1
Where a collision occurs between sea-going vessels or between
sea-going vessels and vessels of inland navigation, the compensation due
for damages caused to the vessels, or to any things or persons on board
thereof, shall be settled in accordance with the following provisions, in
whatever waters the collision takes place.
Article 2
If the collision is accidental, if it is caused by force majeure, or
if the cause of the collision is left in doubt, the damages are borne by
those who have suffered them.
This provision is applicable notwithstanding the fact that the
vessels, or any one of them, may be at anchor (or otherwise made fast) at
the time of the casualty.
Article 3
If the collision is caused by the fault of one of the vessels,
liability to make good the damages attaches to the one which has committed
the fault.
Article 4
If two or more vessels are in fault the liability of each vessel is in
proportion to the degree of the faults respectively committed. Provided
that if having regard to the circumstances, it is not possible to
establish the degree of the respective faults, or if it appears that the
faults are equal, the liability is apportioned equally.
The damages caused, either to the vessels or to their cargoes or to
the effects or other property of the crews, passengers, or other persons
on board, are borne by the vessels in fault in the above proportions, and
even to third parties a vessel is not liable for more than such proportion
of such damages.
In respect of damages caused by death or personal injuries, the
vessels in fault are jointly as well as severally liable to third parties,
without prejudice however to the right of the vessel which has paid a
larger part than that which, in accordance which the provisions of the
first paragraph of this Article, she ought ultimately to bear, to obtain a
contribution from the other vessel or vessels in fault.
It is left to the law of each country to determine, as regards such
right to obtain contribution, the meaning and effect of any contract or
provision of law which limits the liability of the owners of a vessel
towards persons on board.
Article 5
The liability imposed by the preceding Articles attaches in cases
where the collision is caused by the fault of a pilot, even when the pilot
is carried by compulsion of law.
Article 6
The right of action for the recovery of damages resulting from a
collision is not conditional upon the entering of a protest or the
fulfilment of any other special formality.
All legal presumptions of fault in regard to liability for collision
are abolished.
Article 7
Actions for the recovery of damages are barred after an interval of
two years from the date of the casualty.
The period within which an action must be instituted for enforcing the
rights to obtain contribution permitted by paragraph 3 of Article 4, is
one year from the date of payment.
The grounds upon which the said periods of limitation may be suspended
or interrupted are determined by the law of the court where the case is
tried.
The High Contracting Parties reserve to themselves the right to
provide, by legislation in their respective countries, that the said
periods shall be extended in cases where it has not been possible to
arrest the defendant vessel in the territorial waters of the State in
which the plaintiff has his domicile or principal place of business.
Article 8
After a collision, the master of each of the vessels, in collision is
bound, so far as he can do so without serious danger to his vessel, her
crew and her passengers, to render assistance to the other vessel, her
crew and her passengers.
He is likewise bound so far as possible to make known to the other
vessel the name of his vessel and the port to which she belongs, and also
the names of the ports from which she comes and to which she is bound.
A breach of the above provisions does not of itself impose any
liability on the owner of a vessel.
Article 9
The High Contracting Parties whose legislation does not forbid
infringements of the preceding Article bind themselves to take or to
propose to their respective Legislatures the measures necessary for the
prevention of such infringements.
The High Contracting Parties will communicate to one another as soon
as possible the laws or regulations which have already been or may be
hereafter promulgated in their States for giving effect to the above
undertaking.
Article 10
Without prejudice to any Conventions which may hereafter be made, the
provisions of this Convention do not affect in any way the law in force in
each country with regard to the limitation of shipowners' liability, not
do they alter the legal obligations arising from contracts of carriage or
from any other contracts.
Article 11
This Convention does not apply to ships of war or to Government ships
appropriated exclusively to a public service.
Article 12
The provisions of this Convention shall be applied as regards all
persons interested when all the vessels concerned in any action belong to
States of the High Contracting Parties, and in any other cases for which
the national laws provide.
Provided always that
1. As regards persons interested who belong to a non-contracting State,
the application of the above provisions may be made by each of the
contracting States conditional upon reciprocity.
2. Where all the persons interested belong to the same State as the
court trying the case, the provisions of the national law and not of the
Convention are applicable.
Article 13
This Convention extends to the making good of damages which a vessel
has caused to another vessel, or to goods or persons on board either
vessel, either by the execution or non-execution of a manoeuvre or by the
non-observance of the regulations, even if no collision had actually taken
place.
Article 14
Any one of the High Contracting Parties shall have the right, three
years after this Convention comes into force, to call for a fresh
conference with a view to possible amendments therein, and particularly
with a view to extend, if possible, the sphere of its application.
Any Power exercising this right must notify its intention to the other
Powers, through the Belgian Government, which will make arrangements for
convening the conference within six months.
Article 15
States which have not signed the present Convention are allowed to
accede thereto at their request. Such accession shall be notified through
the diplomatic channel to the Belgian Government, and by the latter to
each of the Governments of the other Contracting Parties; it shall become
effective one month after the despatch of such notification by the Belgian
Government.
Article 16
The present Convention shall be ratified.
After an interval of at most one year from the date on which the
Convention is signed, the Belgian Government shall enter into
communication with the Governments of the High Contracting Parties which
have declared themselves prepared to ratify it, with a view to decide
whether it should be put into force.
The ratifications shall, if so decided, be deposited forthwith at
Brussels, and the Convention shall come into force a month after such
deposit.
The Protocol shall remain open another year in favour of the States
represented at the Brussels Conference. After this interval they can only
accede to it in conformity with the provisions of Article 15.
Article 17
In the case of one or other of the High Contracting Parties denouncing
this Convention, such denunciation shall not take effect until a year
after the day on which it has been notified to the Belgian Government, and
the Convention shall remain in force as between the other Contracting
Parties.
Additional Article
Notwithstanding anything in the provisions of Article 16, it is agreed
that it shall not be obligatory to give effect to the provisions of
Article 5, establishing liability in cases where a collision is caused by
the fault of a pilot carried by compulsion of law, until the High
Contracting Parties shall have arrived at an agreement on the subject of
the limitation of liability of shipowners.
IN WITNESS WHEREOF, the Plenipotentiaries of the respective High
Contracting Parties have signed this Convention and have affixed thereto
their seals.
DONE AT BRUSSELS, in a single copy, September 23, 1910.
ommunicate to one another as soon
as possible the laws or regulations which have already been or may be
hereafter promulgated in their States for giving effect to the above
undertaking.
Article 10
Without prejudice to any Conventions which may hereafter be made, the
provisions of this Convention do not affect in any way the law in force in
each country with regard to the limitation of shipowners' liability, not
do they alter the legal obligations arising from contracts of carriage or
from any other contracts.
Article 11
This Convention does not apply to ships of war or to Government ships
appropriated exclusively to a public service.
Article 12
The provisions of this Convention shall be applied as regards all
persons interested when all the vessels concerned in any action belong to
States of the High Contracting Parties, and in any other cases for which
the national laws provide.
Provided always that
1. As regards persons interested who belong to a non-contracting State,
the application of the above provisions may be made by each of the
contracting States conditional upon reciprocity.
2. Where all the persons interested belong to the same State as the
court trying the case, the provisions of the national law and not of the
Convention are applicable.
Article 13
This Convention extends to the making good of damages which a vessel
has caused to another vessel, or to goods or persons on board either
vessel, either by the execution or non-execution of a manoeuvre or by the
non-observance of the regulations, even if no collision had actually taken
place.
Article 14
Any one of the High Contracting Parties shall have the right, three
years after this Convention comes into force, to call for a fresh
conference with a view to possible amendments therein, and particularly
with a view to extend, if possible, the sphere of its application.
Any Power exercising this right must notify its intention to the other
Powers, through the Belgian Government, which will make arrangements for
convening the conference within six months.
Article 15
States which have not signed the present Convention are allowed to
accede thereto at their request. Such accession shall be notified through
the diplomatic channel to the Belgian Government, and by the latter to
each of the Governments of the other Contracting Parties; it shall become
effective one month after the despatch of such notification by the Belgian
Government.
Article 16
The present Convention shall be ratified.
After an interval of at most one year from the date on which the
Convention is signed, the Belgian Government shall enter into
communication with the Governments of the High Contracting Parties which
have declared themselves prepared to ratify it, with a view to decide
whether it should be put into force.
The ratifications shall, if so decided, be deposited forthwith at
Brussels, and the Convention shall come into force a month after such
deposit.
The Protocol shall remain open another year in favour of the States
represented at the Brussels Conference. After this interval they can only
accede to it in conformity with the provisions of Article 15.
Article 17
In the case of one or other of the High Contracting Parties denouncing
this Convention, such denunciation shall not take effect until a year
after the day on which it has been notified to the Belgian Government, and
the Convention shall remain in force as between the other Contracting
Parties.
Additional Article
Notwithstanding anything in the provisions of Article 16, it is agreed
that it shall not be obligatory to give effect to the provisions of
Article 5, establishing liability in cases where a collision is caused by
the fault of a pilot carried by compulsion of law, until the High
Contracting Parties shall have arrived at an agreement on the subject of
the limitation of liability of shipowners.
IN WITNESS WHEREOF, the Plenipotentiaries of the respective High
Contracting Parties have signed this Convention and have affixed thereto
their seals.
DONE AT BRUSSELS, in a single copy, September 23, 1910.
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