| Hague Rules 1924 | Hague-Visby Rules 1968 | US COGSA 1936 | Hamburg Rules 1978 | Rotterdam Rules 2009 | |
| Scope of application | Bills of Lading issued in a contracting state. | a) B/L issued in a contracting state b) Carriage is from a Port in a contracting state c) Contracts of carriage which incorporate the Rules | Shipments to and from the United States in foreign trade. | a) B/L issued in a contracting state b) Carriage to or from a contracting state c) If B/L provides for Rules to apply | Contracts of carriage where any of the following places are located in a contracting state: • Place of receipt • Port of loading • Place of delivery • Port of discharge |
| Geographical application | Covers the period from the time when the goods are loaded on the ship until they are discharged from the ship. | Covers the period from the time when the goods are loaded on the ship until they are discharged from the ship. | Covers the period from the time when the goods are loaded on the ship until they are discharged from the ship. | Carrier responsible while “in charge” of the goods at port of loading, during the carriage, and at port of discharge i.e. normally from time goods are taken over from the shipper to time delivered to the consignee. | In addition to sea carriage: • Stevedoring / terminal storage services • Freight-forwarding services • Domestic inland road and rail carriage • Inland water carriage • International inland road and rail |
| Which contracts are covered? | Contracts of carriage covered by a B/L or any similar document of title, or when such is issued under or pursuant to a Charterparty from the moment at which such document of title regulates the relations between a carrier and a holder of the same. | Contracts of carriage covered by a B/L or any similar document of title, or when such is issued under or pursuant to a Charterparty from the moment at which such document of title regulates the relations between a carrier and a holder of the same. | Contracts of carriage covered by a B/L or any similar document of title, or when such is issued under or pursuant to a Charterparty from the moment at which such document of title regulates the relations between a carrier and a holder of the same. | “Any contract of carriage whereby the carrier undertakes against payment of freight tocarry goods by sea from one port to another”. Need not be a B/L or document of title. Excludes charterparties (unless rules are incorporated). | Contracts of carriage of goods by sea against a payment of freight, which may include carriage by other modes of transport in addition to carraige by sea. Includes “transport documents” and “electronic transport records”. Excludes charterparties (unless rules are incorporated). |
| Who is the carrier? | Owner or charterer “who enters into contract of carriage with a shipper”. | Owner or charterer “who enters into contract of carriage with a shipper”. | Owner or charterer “who enters into contract of carriage with a shipper”. | “Any person by whom or in whose name a contract of carriage has been concluded with a shipper”. Covers “actual” and “contractual” carrier. | A person who enters into a contract of carriage with a shipper. Inclusion of a “Performing party” and a “Maritime performing party”. |
| Deck cargo | Excluded from Rules if stated to be carried on deck on face of B/L. Undeclared deck carriage may affect carrier’s ability to rely on defences, although the carrier may still rely on package limitation. | Excluded from Rules if stated to be carried on deck on face of B/L. Undeclared deck carriage may affect carrier’s ability to rely on defences, although the carrier may still rely on package limitation. | Excluded from US COGSA – unless the B/L states the cargo is carried on deckand is so carried. | Rules do not expressly exclude deck cargo. Carrier can undertake deck carriage if agreed with shipper or in accordance with the usage of a particular trade in which case B/L should so state that goods are carried on deck. Carrier liable for unauthorised deck carriage if carried on-deck contrary to express agreement, and can be deprived from its defences and limitations of liability. | Goods may be carried on deck if: a) Such carriage is required by law b) Carried in containers or vehicles fit for deck carriage and the decks are specially fitted to carry such containers or vehicles c) Carriage on deck is in accordance with the contract of carriage, customs/usages and practices of the trade in question Note: If goods carried on deck in cases not permitted by above and damage/loss is caused exclusively by such deck carriage, carrier not entitled to its defences. If carrier agreed to carry the goods under-deck and carries them on deck which causes loss/damage, carrier not entitled to its limitations of liability. |
| Delivery of the goods | Rules are silent – No express obligation to deliver goods beyond the port of discharge, however, the carrier can contract to do so. | Rules are silent – No express obligation to deliver goods beyond the port of discharge, however, the carrier can contract to do so. | Rules are silent – No express obligation to deliver goods beyond the port of discharge, however, the carrier can contract to do so. | Carrier responsible until goods are delivered to the consignee. | Carrier’s obligation continues until delivery. |
| Law and Jurisdiction/ Arbitration | No express provisions. | No express provisions. | No express provisions. | Claimant may choose where to commence proceedings: a) Place where defendant has principal place of business b) Place where contract was made c) Port of loading d) Port of discharge e) Place specified in arbitration clause. Arbitration agreement permitted. If incorporating charterparty arbitration clause, must be incorporated in the B/L. | Claimant may choose where to commence proceedings: a) Domicile of the carrier b) Place of receipts c) Place of delivery e) Port of initial load or final discharge f) At any court named in an agreed non-exclusive jurisdiction clause Parties can also agree arbitration after a dispute has arisen. |
| Limitation of action/ Time-bar | 12 months | 12 months Indemnity actions may be brought after the one year. | 12 months | 2 years unless judicial or arbitral proceedings have been instituted. | Litigation or arbitration to be commenced within 2 years from date of delivery or when goods should have been delivered. (claims by cargo interests or carrier). Indemnity proceedings may be commenced after this period (at least 90 days from date of commencement of action against carrier). |
| Carrier’s general duty of care | Carrier must exercise due diligence before and at beginning of voyage to: • make ship seaworthy • properly man, equip and supply the ship • make holds etc. fit and safe for reception, carriage and preservation of cargo Carrier must properly and carefully load, handle, stow, carry, keep, care for and discharge goods. | Carrier must exercise due diligence before and at beginning of voyage to: • make ship seaworthy • properly man, equip and supply the ship • make holds etc. fit and safe for reception, carriage and preservation of cargo Carrier must properly and carefully load, handle, stow, carry, keep, care for and discharge goods. | Carrier must exercise due diligence before and at beginning of voyage to: • make ship seaworthy • properly man, equip and supply the ship • make holds etc. fit and safe for reception, carriage and preservation of cargo Carrier must properly and carefully load, handle, stow, carry, keep, care for and discharge goods. | Carrier, his servants and agents must takeall measures that could reasonably be required to avoid the event causing loss and its consequences. | Same as Hague-Visby Rules however the carrier’s obligation to exercise due diligence to make the ship seaworthy is extended to cover the entire voyage. It is now “to make and keep the ship seaworthy”. It also includes an obligation “to deliver” the goods. |
| Carrier’s defences | • Act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship • Fire, unless caused by the actual fault or privity of the carrier • Perils, dangers and accidents of the sea or other navigable waters • Act of God• Act of war • Act of enemies • Arrest or restraint of princes, rulers or people, or seizure under legal process • Quarantine restrictions • Act or omission of the shipper or owner of the goods, his agent or representative • Strikes or lockouts, or stoppage or restraint of labour from whatever cause • Riots and civil commotions • Saving life or attempting to save life • Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods • Insufficient packaging • Insufficiency or inadequacy of marks • Latent defects not discoverable by due diligence • Any other cause arising without the actual fault or privity of the carrier | • Act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship • Fire, unless caused by the actual fault or privity of the carrier • Perils, dangers and accidents of the sea or other navigable waters • Act of God• Act of war • Act of enemies • Arrest or restraint of princes, rulers or people, or seizure under legal process • Quarantine restrictions • Act or omission of the shipper or owner of the goods, his agent or representative • Strikes or lockouts, or stoppage or restraint of labour from whatever cause • Riots and civil commotions • Saving life or attempting to save life • Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods • Insufficient packaging • Insufficiency or inadequacy of marks • Latent defects not discoverable by due diligence • Any other cause arising without the actual fault or privity of the carrier | • Act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship • Fire, unless caused by the actual fault or privity of the carrier • Perils, dangers and accidents of the sea or other navigable waters • Act of God• Act of war • Act of enemies • Arrest or restraint of princes, rulers or people, or seizure under legal process • Quarantine restrictions • Act or omission of the shipper or owner of the goods, his agent or representative • Strikes or lockouts, or stoppage or restraint of labour from whatever cause • Riots and civil commotions • Saving life or attempting to save life • Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods • Insufficient packaging • Insufficiency or inadequacy of marks • Latent defects not discoverable by due diligence • Any other cause arising without the actual fault or privity of the carrier | No specific list of defences. Carrier must prove he, his servants or agents, took all measures that could reasonably be required to avoid the occurrence and its consequences. | Additional defences to those listed in the Hague-Visby Rules include: • War hostilities, armed conflict, piracy, terrorism • Loading, handling, stowing, or unloading of the goods, unless the carrier or a performing party performs such activity on behalf of the shipper or the consignee • Reasonable measures to save or attempt to save property at sea • Reasonable measures to avoid or attempt to avoid damage to the environment • Acts of the carrier in pursuance of the powers conferred by articles 15 and 16 (in relation to goods that may become dangerous and need to be sacrificed for the common safety) “Error of navigation” defence and “any other cause” defence have been removed. |
| Notification of damage | Notice of loss or damage must be given in writing to the carrier or his agent before or at the time of delivery, or within 3 days where damage is not apparent. | Notice of loss or damage must be given in writing to the carrier or his agent before or at the time of delivery, or within 3 days where damage is not apparent. | Notice of loss or damage must be given in writing to the carrier or his agent before or at the time of delivery, or within 3 days where damage is not apparent. | In writing to the carrier: • by the working day following delivery to consignee • within 15 days of delivery where damage is latentNotice of delay must be given within 60 days of delivery. | Notice of loss to be given at the time of delivery, or if the loss/damage is not apparent then within 7 working days. Such notice is not required when loss/damage is ascertained by way of a joint inspection/survey. Failure to provide notice shall not affect the right to claim compensation nor the allocation of burden of proof. No compensation for delay if notice given after 21 days of delivery. |
| Limitation of Liability | 100 pounds sterling per package or unit | 2 SDRs per kg or 666.67 SDRs per package – whichever is higher | USD500 perpackage orcustomary freight unit | 2.5 SDRs per kg or 835 SDRs package or shipping unit – whichever is the higher. | 3 SDRs per kg or 875 SDRs package or shipping unit – whichever is the higher. |
| Liability for delay | Rules are silent. | Rules are silent. | Rules are silent. | 2.5 times freight payable on goods delayed, subject to upper limit of total freight on all goods or amount of limitation if goods have been lost or destroyed. | Liability for economic loss due to delay is limited to an amount equivalent to 2.5 times the freight payable on the goods delayed. The total amount payable not to exceed the limits of liability under the rules. |
| Loss of right to limit liability | No special provisions. | Right to limit lost if carrier intends to cause loss or is reckless knowing loss would probably result. | Carrier will only lose right to limit liability if he intended tocause loss/damage or was reckless knowing such loss/damage would probably result. | Right to limit lost if damage caused by intention, with knowledge that damage could occur or recklessness. Also when goods are carried on deck contrary to express agreement to carry under-deck. | The carrier cannot limit if the claimant proves that the loss resulting from the breach of the carrier’s obligation was attributable to a “personal act or omission… done with the intent to cause such loss or recklessly and with knowledge that such loss would probably result”. Damage/loss due to delay included. |
| Burden of Proof | Shipper must show cargo was delivered to the carrier in good order and condition but received at destination in damaged condition. A clean B/L is prima-facie evidence of this. Under English law the claimant must establish breach of a seaworthiness obligation or failure to properly and carefully carry the goods. Once this is established, the burden of proof shifts to the carrier to show either due diligence or the application of one of the defences. | Shipper must show cargo was delivered to the carrier in good order and condition but received at destination in damaged condition. A clean B/L is prima-facie evidence of this. Under English law the claimant must establish breach of a seaworthiness obligation or failure to properly and carefully carry the goods. Once this is established, the burden of proof shifts to the carrier to show either due diligence or the application of one of the defences. | Shipper must show cargo was delivered to the carrier in good order and condition but received at destination in damaged condition. A clean B/L is prima-facie evidence of this. Under English law the claimant must establish breach of a seaworthiness obligation or failure to properly and carefully carry the goods. Once this is established, the burden of proof shifts to the carrier to show either due diligence or the application of one of the defences. | Carrier must prove that reasonable steps to avoid loss were taken unless damage is caused by fire. | Detailed wording on how the burden of proof operates. The carrier is liable for loss, damage or delay if the claimant proves that such loss, damage, delay or event (which was causative or contributed by) took place during the carrier’s responsibility for the goods. The carrier is liable if the claimant proves that loss, damage or delay was caused or attributed by a) unseaworthiness of the ship, b) improper crewing, equipping or supplying of the ship, c) if the holds or other parts of the ship (including containers) were not fit and safe for carriage, reception and preservation of the goods. The carrier is relieved from liability if it can prove that the cause or one of the causes is not attributable to its fault or the fault of its subcontractors, agents or employees. Alternative to proving absence of fault, the carrier must prove that the damage was caused by one of the exceptions in the list of defences. |