Rs 0.747.313.24 International Convention Of 10 May 1952 For The Unification Of Certain Rules Relating To The Civil Jurisdiction 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 relating to the civil jurisdiction of collision concluded at Brussels on 10 May 1952 approved by the Federal Assembly on March 17, 1954 Instrument of accession deposited by the Switzerland on 28 May 1954 entry into force for the Switzerland 14 September 1955 (State August 16, 2005) the High Contracting Parties Having recognized the utility of fix by mutual agreement certain uniform rules on civil jurisdiction collision, have decided to conclude a Convention for this purpose and have agreed to the following: art. 1 1. The action of the head of a collision between ships or between sea-going vessels and inland vessels may be brought only: a) either in the courts of the habitual residence of the defendant or of one of the seats of its operations; b) or in the courts for the place where a seizure has been practiced on the defendant ship or on another vessel belonging to the same defendant where this input is allowed (, or the place where the seizure could be carried out and where the defendant gave a bond or other guarantee; c) or the Court of the place of the collision, when this collision occurred in ports and roads as well as in inland waters.

2. it will be up to the applicant to decide before which courts indicated in the previous paragraph the action will be.
3. the applicant will not be able to bring the same defendant a new action based on the same facts in another jurisdiction without withdraw the action already introduced.

S. 2. the provisions of art. 1 do no damage to the right of the Parties to bring an action at the rate of the collision before such jurisdiction they will be chosen by mutual agreement or to submit to arbitration.

S. 3 1. The counterclaims arising from the same collision could be brought before the competent court to deal with the main action under the terms of article 1.
2. where there are several applicants, each will be able to bring his action before the Court previously hearing an action born of the same collision against the same party.
3. in the case of collision involving several ships, in the provisions of the present Convention is nothing that the court hearing pursuant to the rules of the art. 1 assumes jurisdiction following the rules of his national law jurisdiction for judging all actions at the same event.

S. 4. this convention extends to actions to repair damage that, either by execution or omission a manoeuvre or by failure to comply with regulations, a vessel has caused to another vessel either things or to persons on board, even though there have been no collision.

S. 5. nothing of what is prescribed in this convention modifies the rules of law which are in force in the Contracting States as regards collisions involving warships or vessels belonging to the State or in the service of the State.

S. 6. this Convention shall be without effect with respect to the actions arising from the contract of carriage or any other contract.

S. 7. the present Convention shall not apply to the cases covered by the provisions of the Convention revised on the navigation of the Rhine of 17 October 1868.

RS 0.747.224.101 s. 8. the provisions of this Convention will be applied with respect to all concerned, when all the ships concerned are nationals of States High Contracting Parties.
It is understood however: 1 that in respect of nationals of a State concerned non-contracting, application of the said provisions may be granted by each of the Contracting States on the condition of reciprocity; 2. That, when all concerned are nationals of the same State as the court seised, is the law national and the Convention which is applicable.

S. 9. the High Contracting Parties undertake to submit to arbitration all disputes between States arising from the interpretation or application of the present Convention, without prejudice to the obligations of the High Contracting Parties who have agreed to submit their disputes to the International Court of Justice.

S. 10. this Convention is open for signature by the States represented at the ninth diplomatic Conference of Maritime law. The minutes of signing will be developed by the care of the Ministry of Foreign Affairs of Belgium.

S. 11. the present Convention shall be ratified and the instruments of ratification shall be deposited with the Ministry of affairs foreign of Belgium who will notify the filing to all signatory States and acceding.

S. 12A. This Convention shall enter into force between the two first States that have ratified, six months after the date of deposit of the second instrument of ratification.
b. for each signatory State ratifying the Convention after the second deposit, it will enter into force six months after the date of the deposit of its instrument of ratification.

S. 13. any State not represented at the ninth diplomatic Conference of Maritime law may accede to the present Convention.
Accessions shall be notified to the Ministry of affairs foreign of Belgium who will be notified through diplomatic channels all States signatories and acceding.
The Convention enters into force for the acceding State six months after the date of receipt of that notification, but not before the date of its entry into force as set out in art. 12 a. s. 14. any High Contracting Party may at the expiry of the period of three years following the entry into force in respect of this Convention, ask the meeting of a Conference to decide on all proposals for the revision of the Convention.
Any High Contracting Party which wants to make use of this option will notify the Belgian Government who will convene the Conference within six months.

S. 15. each of the High Contracting Parties shall have the right to denounce this Convention at any time after its entry into force in its respect. However, this denunciation will take effect one year after the date of receipt of the notification of denunciation to the Belgian Government, which will inform the other Contracting Parties through the diplomatic channel.

S. 16 scope 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 Belgian Government that the Convention applies to the territories or to some of the territories which it ensures international relations. The Convention will be applicable to the said territories to six months after the date of receipt of the notification by the Ministry of Foreign Affairs of Belgium, but not before the date of entry into force of the present Convention in respect of the High Contracting Party.
b. any High Contracting Party which has drawn up a statement of by. (a) of this article may at any time notify the Ministry of Foreign Affairs of Belgium that the Convention ceases to apply to the territory in question. The denunciation shall take effect within a period of one year provided for in art. 15 c. The Ministry of Foreign Affairs of Belgium will notify through diplomatic channels all States signatories and members of any notification received by him to the title of this article.
Done at Brussels, in a single copy in the English and French languages, both texts being equally authentic, on May 10, 1952.
(Follow signatures)

Scope 21 June 2005 States parties Ratification accession (A) Declaration of succession (S) entry into force Algeria 18 August 1964 was February 18, 1965 Germany 6 October 1972 6 April 1973 Argentina 19 April 1961 A 19 October 1961 Belgium April 10, 1961 10 October 1961 Cambodia 12 November 1956 A 12 May 1957 Cameroon 23 April 1958 A 23 October 1958 China Hong Kong 6 June 1997 1 July 1997 Macao 18 October 1999 December 20, 1999

Cyprus 17 March 1994 A September 17, 1994 Congo (Kinshasa) 17 July 1967 has 17 January 1968 Costa Rica July 13, 1955 January 13, 1956 Croatia 30 July 1992 S 8 October 1991 Egypt 24 August 1955 24 February 1956 Spain December 8, 1953 14 September 1955 Fiji 22 August 1972 S October 10, 1970 France 25 May 1957 25 November 1957 french overseas territories April 23, 1958 has 23 October 1958 Greece 15 March 1965 September 15, 1965

Ireland 17 October 1989 A 17 April 1990 Italy 9 November 1979 9 May 1980 Luxembourg 18 February 1991 A August 18, 1991 Madagascar 13 July 1965 S 26 June 1960 Morocco 11 July 1990 A January 11, 1991 Nigeria November 7, 1963 may 7, 1964 Paraguay 22 November 1967 A May 22, 1968 Poland 14 March 1986 – September 14, 1986 Portugal may 4, 1957 4 November 1957 Romania 28 November 1995 has 28 May 1996 United Kingdom 18 March 1959 September 18, 1959 Anguilla 12 May 1965 A November 12, 1965 Bermuda 30 May 1963 November 30, 1963 Gibraltar 29 March 1963 A 29 September 1963 Guernsey December 8, 1966 was June 8, 1967 Isle of Man April 14, 1993 14 October 1993 12 May 1965 Cayman Islands has 12 November 1965 Falkland Islands and dependencies (South Georgia and the South Sandwich Islands) 17 October 1969 has 17 April 1970 Turks and Caicos Islands 21 September

1965 March 21, 1966 British Virgin Islands March 29, 1963 A 29 September 1963 Montserrat 12 May 1965 to 12 November 1965 Sainte - Hélène 12 May 1965 has 12 November 1965 Saint Lucia 21 March 1990 S 22 February 1979 Holy See August 10, 1956 February 10, 1957

Saint Vincent and the Grenadines October 29, 2001 S 28 October 1979 Solomon Islands 17 September 1981 S 7 July 1978 Serbia and Montenegro 14 March 1955 14 September 1955 Switzerland 28 May 1954 A 14 September 1955 Syria 1 August 1974 A February 1, 1975 Togo 23 April 1958 October 23, 1958 Tonga 13 June 1978 was December 13, 1978 reservations and declarations see below.

From 29 sept. 1963 to June 30, 1997, the conv. was applicable to Hong Kong on the basis of a declaration of territorial extension of the United Kingdom. From July 1, 1997, Hong Kong became a special administrative Region (SAR) of the People's Republic of China. Under the declaration Chinese on 6 June 1997, the conv. is also applicable to the Hong Kong SAR after July 1, 1997.

From 23 sept. 1999 to Dec. 19. 1999, the conv. was applicable to Macao on the basis of a declaration of territorial extension of the Portugal. Starting from 20 Dec. 1999, Macao became a special administrative Region (SAR) of the People's Republic of China. Under the declaration Chinese from 18 oct. 1999, the conv. is also applicable to the Macao SAR from 20 dec. 1999 reserve Costa Rica the Government of Costa Rica, in acceding to this convention, made the reservation that the civil action of the head of a collision between ships, sea or between seagoing vessels and inland navigation vessel, may be brought only before the Court of the habitual residence of the defendant or the State of which the flag ship.
Accordingly, Costa Rica does not recognize such as mandatory the let. ((b) and (c)) of the first paragraph of art. 1. pursuant to the Code of private international law approved by the sixth Conference International American, which was held in Havana (Cuba), the Government of Costa Rica, by accepting this agreement, made this express reservation that in no case it renounce its jurisdiction or jurisdiction to apply the Costa Rican law on collision on the high seas or in its territorial waters to the detriment of a Costa Rican ship.
Cambodia in essence that reserve Costa Rica.

1956 775 RO; FF 1953 III 781 c. 7 AF of 17 March 1954 (RO 1954 767) State 11. July 2006

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