INTERNATIONAL CONVENTION ON CERTAIN RULES CONCERNING CIVIL JURIS-DICTION IN MATTERS OF COLLISION, 1952
INTERNATIONAL CONVENTION ON CERTAIN RULES CONCERNING CIVIL JURIS-DICTION IN MATTERS OF COLLISION, 1952
Whole document
THE HIGH CONTRACTING PARTIES,
Having recognised the advisability of establishing by agreement
certain uniform rules relating to civil jurisdiction in matters of
collision, have decided to conclude a Convention for this purpose and
thereto have agreed as follows:
Article 1
(1) An action for collision occurring between seagoing vessels, or
between seagoing vessels and inland navigation craft, can only be
introduced;
(a) either before the Court where the defendant has his habitual
residence or a place of business;
(b) or before the Court of the place where arrest has been
effected of the defendant ship or of any other ship belonging to the
defendant which can be lawfully arrested, or where arrest could have been
effected and bail or other security has been furnished;
(c) or before the Court of the place of collision when the
collision has occurred within the limits of a port or in inland waters.
(2) It shall be for the plaintiff to decide in which of the Courts
referred to in ¡ì 1 of this Article the action shall be instituted.
(3) A claimant shall not be allowed to bring a further action against
the same defendant on the same facts in another jurisdiction, without
discontinuing an action already instituted.
Article 2
The provisions of Article 1 shall not in any way prejudice the right
of the parties to bring an action in respect of a collision before a Court
they have chosen by agreement or to refer it to arbitration.
Article 3
(1) Counterclaims arising out of the same collision can be brought
before the Court having jurisdiction over the principal action in
accordance with the provisions of Article 1.
(2) In the event of there being several claimants, any claimant may
bring his action before the Court previously seized of any action against
the same party arising out of the same collision.
(3) In the case of a collision or collisions in which two or more
vessels are involved nothing in this Convention shall prevent any Court
seized of an action by reason of the provisions of this Convention, from
exercising jurisdiction under its national laws in further actions arising
out of the same incident.
Article 4
This Convention shall also apply to an action for damage caused by one
ship to another or to the property or persons on board such ships through
the carrying out of or the omission to carry out a manoeuvre or through
non-compliance with regulations even when there has been no actual
collision.
Article 5
Nothing contained in this Convention shall modify the rules of law now
or hereafter in force in the various contracting States in regard to
collisions involving warships or vessels owned by or in the service of a
State.
Article 6
This Convention does not affect claims arising from contracts of
carriage or from any other contracts.
Article 7
This Convention shall not apply in cases covered by the provisions of
the revised Rhine Navigation Convention of October 17, 1868.
Article 8
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.
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 9
The High Contracting Parties undertake to submit to arbitration any
disputes between States arising out of the interpretation or application
of this Convention, but this shall be without prejudice to the obligations
of those High Contracting Parties who have agreed to submit their disputes
to the International Court of Justice.
Article 10
This Convention shall be open for signature by the States represented
at the Ninth Diplomatic Conference on Maritime Law. The protocol of
signature shall be drawn up through the good offices of the Belgian
Ministry of Foreign Affairs.
Article 11
This Convention shall be ratified and the instruments of ratification
shall be deposited with the Belgian Ministry of Foreign Affairs which
shall notify all signatory and acceding States of the deposit of any such
instruments.
Article 12
(a) This Convention shall come into force between the two States which
first ratify it, six months after the date of the deposit of the second
instrument of ratification.
(b) This Convention shall come into force in respect of each signatory
State which ratifies it after the deposit of the second-instrument of
ratification six months after the date of the deposit of the instrument of
ratification of that State.
Article 13
Any State not represented at the Ninth Diplomatic Conference on
Maritime Law may accede to this Convention.
The accession of any State shall be notified to the Belgian Ministry
of Foreign Affairs which shall inform through diplomatic channels all
signatory and acceding States of such notification.
The Convention shall come into force in respect of the acceding State
six months after the date of the receipt of such notification but not
before the Convention has come into force in accordance with the
provisions of Article 12(a).
Article 14
Any High Contracting Party may three years after the coming into force
of this Convention in respect of such High Contracting Party or at any
time thereafter request that a conference be convened in order to consider
amendments to the Convention.
Any High Contracting Party proposing to avail itself of this right
shall notify the Belgian Government which shall convene the conference
within six months thereafter.
Article 15
Any High Contracting Party shall have the right to denounce this
Convention at any time after the coming into force thereof in respect of
such High Contracting Party. This denunciation shall take effect one year
after the date on which notification thereof has been received by the
Belgian Government which shall inform through diplomatic channels all the
other High Contracting Parties of such notification.
Article 16
(a) Any High Contracting Party may at the time of its ratification of
or accession to this Convention or at any time thereafter declare by
written notification to the Belgian Ministry of Foreign Affairs that the
Convention shall extend to any of the territories for whose international
relations it is responsible. The Convention shall six months after the
date of the receipt of such notification by the Belgian Ministry of
Foreign Affairs extend to the territories named therein, but not before
the date of the coming into force of the Convention in respect of such
High Contracting Party.
(b) A High Contracting Party which has made a declaration under
paragraph (a) of this Article extending the Convention to any territory
for whose international relations it is responsible may at any time
thereafter declare by notification given to the Belgian Ministry of
Foreign Affairs that the Convention shall cease to extend to such
territory and the Convention shall one year after the receipt of the
notification by the Belgian Ministry of Foreign Affairs cease to extend
thereto.
(c) The Belgian Ministry of Foreign Affairs shall inform through
diplomatic channels all signatory and acceding States of any notification
received by it under this Article.
DONE AT BRUSSELS, in a single original in the French and English
languages, the two texts being equally authentic, on May 10, 1952.
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