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RS 0.747.313.24 International Convention of 10 May 1952 for the Unification of Certain Rules Relating to Civil Jurisdiction in Matters of Collision

Original Language Title: RS 0.747.313.24 Convention internationale du 10 mai 1952 pour l’unification de certaines règles relatives à la compétence civile en matière d’abordage

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0.747.313.24

Original text

International Convention for the Unification of Certain Rules on Civil Jurisdiction in Matters of Collision

Conclue in Brussels on 10 May 1952
Approved by the Federal Assembly on March 17, 1954 1
Instrument of accession deposited by Switzerland on 28 May 1954
Entry into force for Switzerland on 14 September 1955

(Status on 16 August 2005)

The High Contracting Parties,

Having recognized the usefulness of establishing a common agreement on uniform rules on civil jurisdiction in matters of collision, decided to conclude a Convention to that effect and agreed as follows:

Art. 1

1. The action of the head of a collision between seagoing ships or between seagoing ships and inland navigation vessels may be brought only:

(a)
Either before the court of the habitual residence of the defendant or one of the seats of the defendant's exploitation;
(b)
Either before the court of the place where a seizure was made on the defendant ship or on another ship belonging to the same defendant in the case where such seizure is permitted, or the place where the seizure could have been made and where the defendant has Provided security or other security;
(c)
Either before the court of the place of the collision, when this collision occurred in the ports and rades as well as in the inland waters.

2. It will be for the applicant to decide before which of the courts referred to in the preceding paragraph the action will be taken.

3. The plaintiff will not be able to bring in the same defendant a new action based on the same facts before another court without discontinuing the action already introduced.

Art. 2

The provisions of Art. 1 shall not affect the right of the Parties to take action on the basis of the collision before a court that they have chosen by common accord or to submit it to arbitration.

Art. 3

1. Conventional applications arising from the same collision may be brought before the court competent to hear the main action under Article 1.

2. In the case where there are more than one applicant, each person may bring his or her action before the court previously seized of an action arising from the same collision with the same party.

3. In the case of collision where more than one ship is involved, nothing in the provisions of this Convention precludes the court seised by application of the rules of art. 1 declares itself competent in accordance with the rules of jurisdiction of its national law to judge all actions brought by the same event.

Art. 4

This Convention extends to actions aimed at repairing the damage that, either by execution or omission of a manoeuvre, or by non-compliance with the regulations, a ship has caused either to another ship, to things or to persons On board, even though there would have been no collision.

Art. 5

Nothing prescribed in this Convention shall affect the rules of law which are in force in the Contracting States in respect of the collision of warships or ships belonging to the State or the service of The state.

Art. 6

This Convention shall have no effect in respect of actions arising out of the contract of carriage or any other contract.

Art. 7

This Convention shall not apply to the cases covered by the provisions of the Revised Convention on the Navigation of the Rhine of 17 October 1868 1 .


Art. 8

The provisions of this Convention shall be applied in respect of all persons concerned, when all the vessels in question are nationals of the States of the High Contracting Parties.

However, it is understood that:

1.
That, in respect of persons who are nationals of a non-Contracting State, the application of those provisions may be subject to the condition of reciprocity by each of the Contracting States;
2.
That, when all the persons concerned are nationals of the same State as the court seised, it is the national law and not the Convention which is applicable.
Art.

The High Contracting Parties undertake to submit to arbitration all disputes between States which may result from the interpretation or application of this Convention, without prejudice, however, to the obligations of the High Contracting Parties which Agreed to submit their disputes to the International Court of Justice.

Art. 10

This Convention shall be open for signature by the States represented at the Ninth Diplomatic Conference of Maritime Law. The minutes of signature will be drawn up by the Ministry of Foreign Affairs of Belgium.

Art. 11

This Convention shall be ratified and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of Belgium, which shall notify it of the deposit to all signatory and acceding States.

Art. 12

The present Convention shall enter into force between the first two States which have ratified it, six months after the date of the deposit of the second instrument of ratification.

B. For each signatory State ratifying the Convention after the second deposit, it shall enter into force six months after the date of the deposit of its instrument of ratification.

Art. 13

Any State not represented at the Ninth Diplomatic Conference of Maritime Law may accede to this Convention.

Accessions will be notified to the Ministry of Foreign Affairs of Belgium, which will notify all signatory and acceding states through diplomatic channels.

The Convention shall enter into force for the acceding State six months after the date of receipt of such notification, but not before the date of its entry into force as set out in Art. 12 A.

Art. 14

Any High Contracting Party may, at the expiration of the three-year period following the entry into force of this Convention, request the meeting of a Conference to decide on all proposals for the revision of The Convention.

Any High Contracting Party wishing to avail itself of this option will notify the Belgian Government which will convene the Conference within six months.

Art. 15

Each of the High Contracting Parties shall have the right to denounce this Convention at any time after its entry into force. However, such denunciation shall take effect only one year after the date of receipt of the notification of termination to the Government of Belgium, which shall notify the other Contracting Parties through diplomatic channels.

Art. 16 Scope of application on 21 June 2005

A. Any High Contracting Party may, at the time of ratification, accession, or at any time thereafter, notify in writing to the Government of Belgium that this Convention applies to the territories or to certain territories to which it assures International relations. The Convention shall be applicable to the said Territories six months after the date of receipt of such notification by the Ministry of Foreign Affairs of Belgium, but not before the date of entry into force of this Convention in respect of that High Contracting Party.

B. Any High Contracting Party that has entered into a declaration under subs. A Of this article, may at any time notify the Ministry of Foreign Affairs of Belgium that the Convention shall cease to apply to the Territory in question. Such denunciation shall take effect within the one-year period laid down in Art. 15.

C. The Ministry of Foreign Affairs of Belgium shall, through diplomatic channels, notify all signatory States and members of any notification received by it under this Article.

Done at Brussels, in a single copy in the English and French languages, both texts being equally authentic, on 10 May 1952.

(Suivent signatures)

Scope of application on 21 June 2005

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Algeria

August 18

1964 A

18 February

1965

Germany

6 October

1972

April 6

1973

Argentina

19 April

1961 A

19 October

1961

Belgium

10 April

1961

10 October

1961

Cambodia *

12 November

1956 A

12 May

1957

Cameroon

April 23

1958 A

23 October

1958

China

Hong Kong

6 June

1997

1 Er July

1997

Macao

18 October

1999

20 December

1999

Cyprus

March 17

1994 A

September 17

1994

Congo, Kinshasa

17 July

1967 A

17 January

1968

Costa Rica *

July 13

1955 A

13 January

1956

Croatia

July 30

1992 S

8 October

1991

Egypt

August 24

1955

24 February

1956

Spain

8 December

1953

September 14

1955

Fiji

22 August

1972 S

10 October

1970

France

25 May

1957

25 November

1957

French Overseas Territories

April 23

1958 A

23 October

1958

Greece

15 March

1965

September 15

1965

Ireland

17 October

1989 A

April 17

1990

Italy

9 November

1979

9 May

1980

Luxembourg

18 February

1991 A

August 18

1991

Madagascar

July 13

1965 S

26 June

1960

Morocco

July 11

1990 A

11 January

1991

Nigeria

7 November

1963 A

7 May

1964

Paraguay

22 November

1967 A

22 May

1968

Poland

March 14

1986 A

September 14

1986

Portugal

4 May

1957

4 November

1957

Romania

28 November

1995 A

28 May

1996

United Kingdom

18 March

1959

18 September

1959

Anguilla

12 May

1965 A

12 November

1965

Bermuda

30 May

1963 A

30 November

1963

Gibraltar

March 29

1963 A

29 September

1963

Guernsey

8 December

1966 A

8 June

1967

Isle of Man

April 14

1993

14 October

1993

Cayman Islands

12 May

1965 A

12 November

1965

Falkland Islands and Dependencies (South Georgia and South Sandwich Islands)

17 October

1969 A

April 17

1970

Turks and Caicos Islands

21 September

1965 A

21 March

1966

British Virgin Islands

March 29

1963 A

29 September

1963

Montserrat

12 May

1965 A

12 November

1965

St. Helena

12 May

1965 A

12 November

1965

Saint Lucia

21 March

1990 S

22 February

1979

Holy See

10 August

1956

10 February

1957

Saint Vincent and the Grenadines

29 October

2001 S

28 October

1979

Solomon Islands

September 17

1981 S

7 July

1978

Serbia and Montenegro

March 14

1955

September 14

1955

Switzerland

28 May

1954 A

September 14

1955

Syria

1 Er August

1974 A

1 Er February

1975

Togo

April 23

1958 A

23 October

1958

Tonga

13 June

1978 A

13 December

1978

*

Reservations and declarations, see below.

A

From Sept. 29. From 1963 to 30 June 1997, the conv. Was applicable in Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 6 June 1997, the conv. Is also applicable to the Hong Kong SAR from 1 Er July 1997.

B

Of the Sept 23. 1999 to 19 Dec. 1999, the conv. Was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 18 Oct. 1999, the conv. Is also applicable to the Macao SAR from 20 Dec. 1999.

Reservations

Costa Rica

The Government of Costa Rica, by acceding to that Convention, reserves that the civil action of the Chief of Collision between seagoing ships or between seagoing ships and inland navigation vessels may be brought only before the Court of the habitual residence of the defendant or of the state whose vessel is flying the flag.

As a result, Costa Rica does not recognize as mandatory the let. (b) and (c) of the first paragraph of s. 1.

In accordance with the Code of Private International Law approved by the Sixth International Conference of the United States, which was held in Havana, Cuba, the Government of Costa Rica, by accepting this Convention, makes that express reservation that, in no way He shall not give up his jurisdiction or jurisdiction to apply the Costa Rican law on boarding in the high seas or in its territorial waters to the detriment of a Costa Rican ship.

Cambodia

As a matter of substance, Costa Rica.


RO 1956 775; FF 1953 III 781


1 Ch. 7 of the AF of March 17 1954 (RO 1954 767)


State 11. July 2006