Which Countries Have Ratified the Rotterdam Rules

Which Countries Have Ratified the Rotterdam Rules

At present, the Rotterdam rules are not expected to be ratified by the Netherlands in the foreseeable future, but if both laws are adopted by the Dutch parliament, at least the Netherlands is ready to ratify in the short term, if necessary due to developments in other important maritime countries. The Rotterdam Rules (officially the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea) are a treaty that proposes new international rules to revise the legal framework for ocean freight and the carriage of goods by sea. The rules mainly concern the legal relationship between carriers and cargo owners. On Wednesday, 23 September 2009, the Rotterdam Rules were signed by 15 countries at the signing ceremony of the United Nations Commission on International Trade Law (“UNCITRAL”) in Rotterdam. The United States was one of the parties to the Convention, but this is, of course, only a step towards accession to the Treaty. As anyone who follows such things knows, even rudimentarily, the United States has a long and remarkable history of failure to ratify important treaties. Do you remember the League of Nations? Ratification of the treaty in the United States requires a two-thirds majority in the Senate, which can be a daunting challenge, even with broad popular support. For countries that adopt it, Chapter 14 contains a list of optional jurisdictions in which shippers in regular services may take legal action against the carrier, even if there is an exclusive jurisdiction clause. This includes the registered office of the carrier, the place of final receipt or delivery, the first port of loading or the port of final discharge on the sea leg or a place specified in the contract. In the case of claims against maritime performing parties, such as longshoremen, the claimant may bring an action in the port where it provided its services in relation to the cargo. The adoption of Chapters 14 and 15 in the United States would therefore constitute, at least for scheduled services, the reversal of the Supreme Court`s decision in a case known as the SKY REEFER (Seguros of Reaseguros, S.A.

v. M.V. SKY REEFER, 515 U.S. 528 [2995])), according to which the jurisdiction and arbitration clauses in bills of lading were lawfully applied in the United States. The final draft of the Rotterdam Rules, compiled by the United Nations Commission on International Trade Law, was adopted on 11 November. It was adopted by the United Nations in December 2008 and a signing ceremony was held in Rotterdam on 23 September 2009. [2] [7] Signatories included the United States, France, Greece, Denmark, Switzerland and the Netherlands; In total, signatures were obtained from countries that are expected to account for 25% of world trade in terms of volume. [8] Signatures were authorized at the United Nations after the ceremony.

Headquartered in New York, USA. [7] The 1924 Hague Rules were updated to become the Hague-Visby Rules in 1968, but the changes were modest. The amended agreement continued to cover only tackle-to-tackle contracts, without providing for multimodal transport. The phenomenon of containerization that has changed the industry has hardly been noticed. [4] [5] The 1978 Hamburg Rules were introduced to create a more modern and less biased framework for ship operators. Although the Hamburg Rules were easily adopted by developing countries, the new convention was rejected by rich countries that acceded to The Hague and Hague-Visby. [6] It was expected that a compromise between The Hague and Hamburg could emerge, but instead the extensive Rotterdam Rules (96 articles) appeared. Ironically, Spain, Togo and Congo are still the only countries to have ratified the Rotterdam rules.

Nevertheless, in accordance with Article 94(1), the Convention enters into force one year after its ratification by the 20th Member State of the United Nations. Although there is broad support for the Convention, it is expected that it will take some time for the Rotterdam Rules to enter into force. At the beginning of July, two bills were submitted to the Dutch Parliament with a view to jointly adopting by the Ministers of Justice, Infrastructure and Foreign Affairs the United Nations Convention on Contracts for the International Carriage of Goods by Sea, in whole or in part (Rotterdam Rules). The Rotterdam Rules will replace the 1924 Hague Rules, the 1968 Hague-Visby Rules and the 1978 Hamburg Rules, of which only the Hague-Visby Rules have been ratified and implemented in the Netherlands. Under the U.S. Constitution, for the U.S. to ratify a treaty, the president must seek the advice and approval of the U.S. Senate, which requires a two-thirds majority in the Senate. To date, the president`s office has not sent the Rotterdam rules to the Senate for review, mainly because some U.S.

port authorities and terminal operators oppose their ratification. The most recent regulation of the contract for the international carriage of goods by sea with its multimodal carriage was enshrined in the United Nations Convention on the Contract for the International Carriage of Goods by Sea, in whole or in part, and adopted by the United Nations General Assembly on 11 December 2008. The signing ceremony took place from 20 to 23 September 2009 in Rotterdam, for which the Convention was called the Rotterdam Rules. Note: The purpose of this bulletin is to highlight certain developments that may be of interest to readers. The information contained in this document has been abridged and summarized from various sources, the accuracy and completeness of which cannot be guaranteed. Advice should not be construed as legal advice or legal advice and is not a substitute for the advice of a lawyer. For more information about Blank Rome, please visit our www.blankrome.com website. Charter party claims would not be covered by this long list of other possible forums, nor would claims by holders of bills of lading issued under a charter in due time, provided that the invoice adequately identifies “the parties and the date of the charterparty or other contract” under which the contract of carriage was issued and “by specific reference the term of the charterparty or any other contract”.

contract” under which the contract of carriage was issued and “by specific reference the term of the charterparty or any other contract” A contract containing the terms of the arbitration agreement. (See Article 76(2)). However, a carrier may not enforce any arbitration or jurisdiction clause in a charter negotiated with a third party on liner services, nor may it apply an arbitration or jurisdiction clause in a charter party that is different from the arbitration clause in the charterparty. Jurisdiction and arbitration clauses in volume contracts would be enforceable provided they met the criteria of the Rotterdam Rule. The Rotterdam Rules enter into force one year after ratification of the treaty by 20 countries. [11] On 9 August 2011, the treaty had 24 signatories. [11] The last country to sign the treaty was Sweden, which signed it on 20th July 2011. [11] Spain was the first country to ratify the Convention in January 2011. [12] Here is an overview of signatures and ratifications: The Hague Visby Rules have been criticized by cargo interests for decades, as the rules were seen as unbalanced and too favorable for the airline.

The biggest points of criticism have always been the compensation for errors in the navigation of the ship and the relatively short limitation period. Unsuccessful attempts to replace the Hague-Visby Rules have been made in the past, for example: