ロッテルダム・ルール 運送人の責任・義務

【運送人の義務・責任】

①責任制限
運送人の責任は、1梱包あたりまたは1単位当たり875SDR*、運送品総重量に対して3SDR/キログラムのいずれか高い額に制限されます。
また、申告金額がある場合は、その額を適用。

Article 59
Limits of liability
1. Subject to articles 60 and 61, paragraph 1, the carrier’s liability for breaches of its obligations under this Convention is limited to 875 units of account per package or other shipping unit, or 3 units of account per kilogram of the gross weight of the goods that are the subject of the claim or dispute, whichever amount is the higher, except when the value of the goods has been declared by the shipper and included in the contract particulars, or when a higher amount than the amount of limitation of liability set out in this article has been agreed upon between the carrier and the shipper.

 

②責任制限-包の単位
コンテナ等で運送される場合は、契約明細記載の積荷単位が1包または1単位。記載のない場合は、コンテナの輸送用具が1単位。

Article 59
Limits of liability
2. When goods are carried in or on a container, pallet or similar article of transport used to consolidate goods, or in or on a vehicle, the packages or shipping units enumerated in the contract particulars as packed in or on such article of transport or vehicle are deemed packages or shipping units. If not so enumerated, the goods in or on such article of transport or vehicle are deemed one shipping unit.

 

③責任制限の無効
損害が発生することを意図してまたはその損害が発生することを認識しながら行なった無謀行為または不作為によって貨物に損傷が発生したときは、
運送人は責任制限できない。

Article 61
Loss of the benefit of limitation of liability
1. Neither the carrier nor any of the persons referred to in article 18 is entitled to the benefit of the limitation of liability as provided in article 59, or as provided in the contract of carriage, if the claimant proves that the loss resulting from the breach of the carrier’s obligation under this Convention was attributable to a personal act or omission of the person claiming a right to limit done with the intent to cause such loss or recklessly and with knowledge that such loss would probably result.

2. Neither the carrier nor any of the persons mentioned in article 18 is entitled to the benefit of the limitation of liability as provided in article 60 if the claimant proves that the delay in delivery resulted from a personal act or omission of the person claiming a right to limit done with the intent to cause the loss due to delay or recklessly and with knowledge that such loss would probably result.

 

④遅延
※貨物が運送契約に記載された仕向地で、合意された時までに引渡されない場合に、遅延となる。

Article 21
Delay
Delay in delivery occurs when the goods are not delivered at the place of destination provided for in the contract of carriage within the time agreed.

※契約明細書の内容について

Article 36
Contract particulars
1. The contract particulars in the transport document or electronic transport record referred to in article 35 shall include the following information, as furnished by the shipper:
(a) A description of the goods as appropriate for the transport;
(b) The leading marks necessary for identification of the goods;
(c) The number of packages or pieces, or the quantity of goods; and
(d) The weight of the goods, if furnished by the shipper.

2. The contract particulars in the transport document or electronic transport record referred to in article 35 shall also include:
(a) A statement of the apparent order and condition of the goods at the time the carrier or a performing party receives them for carriage;
(b) The name and address of the carrier;
(c) The date on which the carrier or a performing party received the goods, or on which the goods were loaded on
board the ship, or on which the transport document or electronic transport record was issued; and
(d) If the transport document is negotiable, the number of originals of the negotiable transport document, when more than one original is issued.

3. The contract particulars in the transport document or electronic transport record referred to in article 35 shall further include:
(a) The name and address of the consignee, if named by the shipper;
(b) The name of a ship, if specified in the contract of carriage;
(c) The place of receipt and, if known to the carrier, the place of delivery; and
(d) The port of loading and the port of discharge, if specified in the contract of carriage.

4. For the purposes of this article, the phrase “apparent order and condition of the goods” in subparagraph 2 (a) of this article refers to the order and condition of the goods based on:
(a) A reasonable external inspection of the goods as packaged at the time the shipper delivers them to the carrier or a performing party; and
(b) Any additional inspection that the carrier or a performing party actually performs before issuing the transport document or electronic transport record.

 

⑤遅延の責任
遅延した運送品の運賃の2.5倍に制限される

Article 60
Limits of liability for loss caused by delay
Subject to article 61, paragraph 2, compensation for loss of or damage to the goods due to delay shall be calculated in accordance with article 22 and liability for economic loss due to delay is limited to an amount equivalent to two and one-half times the freight payable on the goods delayed. The total amount payable pursuant to this article and article 59, paragraph 1, may not exceed the limit that would be established pursuant to article 59, paragraph 1, in respect of the total loss of the goods concerned.

 

⑥遅延による責任制限の無効
故意又は、無謀行為があった場合に責任制限ができない。

Article 61
Loss of the benefit of limitation of liability
1. Neither the carrier nor any of the persons referred to in article 18 is entitled to the benefit of the limitation of liability as provided in article 59, or as provided in the contract of carriage, if the claimant proves that the loss resulting from the breach of the carrier’s obligation under this Convention was attributable to a personal act or omission of the person claiming a right to limit done with the intent to cause such loss or recklessly and with knowledge that such loss would probably result.

2. Neither the carrier nor any of the persons mentioned in article 18 is entitled to the benefit of the limitation of liability as provided in article 60 if the claimant proves that the delay in delivery resulted from a personal act or omission of the person claiming a right to limit done with the intent to cause the loss due to delay or recklessly and with knowledge that such loss would probably result.

 

⑦航海過失免責の廃止および火災免責の制限
航海過失は、運送人に過失があれば、運送人は貨物の損傷・滅失に対して責任を負う。
「海上その他可航水域の災害、危険または事故」と「船舶の火災」が免責となっているが、17条4項で運送人等の過失責任が立証されれば運送人は責任を負う。

Article 17
Basis of liability
1. The carrier is liable for loss of or damage to the goods, as well as for delay in delivery, if the claimant proves that the loss, damage, or delay, or the event or circumstance that caused or contributed to it took place during the period of the carrier’s responsibility as defined in chapter 4.

2. The carrier is relieved of all or part of its liability pursuant to paragraph 1 of this article if it proves that the cause or one of the causes of the loss, damage, or delay is not attributable to its fault or to the fault of any person referred to in article 18.

3. The carrier is also relieved of all or part of its liability pursuant to paragraph 1 of this article if, lternatively to proving the absence of fault as provided in paragraph 2 of this article, it proves that one or more of the following events or circumstances caused or contributed to the loss, damage, or delay:
(a) Act of God;
(b) Perils, dangers, and accidents of the sea or other navigable waters;
(c) War, hostilities, armed conflict, piracy, terrorism, riots, and civil commotions;
(d) Quarantine restrictions; interference by or impediments created by governments, public authorities, rulers, or people including detention, arrest, or seizure not attributable to the carrier or any person referred to in article 18;
(e) Strikes, lockouts, stoppages, or restraints of labour;
(f) Fire on the ship;
(g) Latent defects not discoverable by due diligence;
(h) Act or omission of the shipper, the documentary shipper, the controlling party, or any other person for whose acts the shipper or the documentary shipper is liable pursuant to article 33 or 34;
(i) Loading, handling, stowing, or unloading of the goods performed pursuant to an agreement in accordance with article 13, paragraph 2, unless the carrier or a performing party performs such activity on behalf of the shipper, the documentary shipper or the consignee;
(j) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods;
(k) Insufficiency or defective condition of packing or marking not performed by or on behalf of the carrier;
(l) Saving or attempting to save life at sea;
(m) Reasonable measures to save or attempt to save property at sea;
(n) Reasonable measures to avoid or attempt to avoid damage to the environment; or
(o) Acts of the carrier in pursuance of the powers conferred by articles 15 and 16.

4. Notwithstanding paragraph 3 of this article, the carrier is liable for all or part of the loss, damage, or delay:
(a) If the claimant proves that the fault of the carrier or of a person referred to in article 18 caused or contributed to the event or circumstance on which the carrier relies; or
(b) If the claimant proves that an event or circumstance not listed in paragraph 3 of this article contributed to the loss, damage, or delay, and the carrier cannot prove that this event or circumstance is not attributable to its fault or to the fault of any person referred to in article 18.

5. The carrier is also liable, notwithstanding paragraph 3 of this article, for all or part of the loss, damage, or delay if:
(a) The claimant proves that the loss, damage, or delay was or was probably caused by or contributed to by (i) the unseaworthiness of the ship; (ii) the improper crewing, equipping, and supplying of the ship; or (iii) the fact that the holds or other parts of the ship in which the goods are carried, or any containers supplied by the carrier in or upon which the goods are carried, were not fit and safe for reception, carriage, and preservation of the goods; and
(b) The carrier is unable to prove either that:
(i) none of the events or circumstances referred to in subparagraph 5 (a) of this article caused the loss, damage, or delay; or
(ii) it complied with its obligation to exercise due diligence pursuant to article 14.

6. When the carrier is relieved of part of its liability pursuant to this article, the carrier is liable only for that part of the loss, damage or delay that is attributable to the event or circumstance for which it is liable pursuant to this article.

 

⑧提訴期限
※提起期間は、運送品引渡日または引渡されるべき日から2年。

Article 62
Period of time for suit
1. No judicial or arbitral proceedings in respect of claims or disputes arising from a breach of an obligation under this Convention may be instituted after the expiration of a period of two years.

2. The period referred to in paragraph 1 of this article commences on the day on which the carrier has delivered the goods or, in cases in which no goods have been delivered or only part of the goods have been delivered, on the last day on which the goods should have been delivered. The day on which the period commences is not included in the period.

3. Notwithstanding the expiration of the period set out in paragraph 1 of this article, one party may rely on its claim as a defence or for the purpose of set-off against a claim asserted by the other party.

※提訴期間は、請求者に対する宣言で延長できる。

Article 63
Extension of time for suit
The period provided in article 62 shall not be subject to suspension or interruption, but the person against which a claim is made may at any time during the running of the period extend that period by a declaration to the claimant.
This period may be further extended by another declaration or declarations.

※求償訴訟は、和解をした日または訴状の送達を受けた日から90日以内に提起可能。

Article 64
Action for indemnity
An action for indemnity by a person held liable may be instituted after the expiration of the period provided in article 62 if the indemnity action is instituted within the later of:
(a) The time allowed by the applicable law in the jurisdiction where proceedings are instituted; or
(b) Ninety days commencing from the day when the person instituting the action for indemnity has either settled
the claim or been served with process in the action against itself, whichever is earlier.

※運送人が特定されない場合、運送人が特定されまたは船主・裸傭船者が運送人であるとの推定を覆した日から90日以内に訴え提起可能。

Article 65
Actions against the person identified as the carrier An action against the bareboat charterer or the person identified as the carrier pursuant to article 37, paragraph 2, may be instituted after the expiration of the period provided in article 62 if the action is instituted within the later of:
(a) The time allowed by the applicable law in the jurisdiction where proceedings are instituted; or
(b) Ninety days commencing from the day when the carrier has been identified, or the registered owner or bareboat charterer has rebutted the presumption that it is the carrier, pursuant to article 37, paragraph 2.

 

⑨裁判管轄
※運送人に対する訴えは、請求者が下記の場所を選択できます。
・運送人の本拠地
・受取地
・引渡地
・船積地または陸揚地
・合意管轄地

Article 66
Actions against the carrier
Unless the contract of carriage contains an exclusive choice of court agreement that complies with article 67 or 72, the plaintiff has the right to institute judicial proceedings under this Convention against the carrier:
(a) In a competent court within the jurisdiction of which is situated one of the following places:
(i) The domicile of the carrier;
(ii) The place of receipt agreed in the contract of carriage;
(iii) The place of delivery agreed in the contract of carriage; or
(iv) The port where the goods are initially loaded on a ship or the port where the goods are finally discharged from a ship; or
(b) In a competent court or courts designated by an agreement between the shipper and the carrier for the purpose
of deciding claims against the carrier that may arise under this Convention.

※海事履行者に対する訴えは、請求者が下記の場所を選択できます。
・海事履行者の本拠地
・海事履行者の受取地、引渡地、履行地の裁判所

Article 70
Arrest and provisional or protective measures
Nothing in this Convention affects jurisdiction with regard to provisional or protective measures, including arrest.
A court in a State in which a provisional or protective measure was taken does not have jurisdiction to determine the case upon its merits unless:
(a) The requirements of this chapter are fulfilled; or
(b) An international convention that applies in that State so provides.

※債務不存在訴訟を提起しても、請求権者の裁判管轄選択の権利を奪うことはできない。

Article 71
Consolidation and removal of actions
1. Except when there is an exclusive choice of court agreement that is binding pursuant to article 67 or 72, if a single action is brought against both the carrier and the maritime performing party arising out of a single occurrence, the action may be instituted only in a court designated pursuant to both article 66 and article 68.
If there is no such court, such action may be instituted in a court designated pursuant to article 68, subparagraph (b), if there is such a court.

2. Except when there is an exclusive choice of court agreement that is binding pursuant to article 67 or 72, a carrier or a maritime performing party that institutes an action seeking a declaration of non-liability or any other action that would deprive a person of its right to select the forum pursuant to article 66 or 68 shall, at the request of the defendant, withdraw that action once the defendant has chosen a court designated pursuant to article 66 or 68, whichever is applicable, where the action may be recommenced.

※締約国でなされた裁判については、相互にその執行を保証する。

Article 73
Recognition and enforcement
1. A decision made in one Contracting State by a court having jurisdiction under this Convention shall be recognized and enforced in another Contracting State in accordance with the law of such latter Contracting State when both States have made a declaration in accordance with article 74.

2. A court may refuse recognition and enforcement based on the grounds for the refusal of recognition and enforcement available pursuant to its law.

3. This chapter shall not affect the application of the rules of a regional economic integration organization that is a party to this Convention, as concerns the recognition or enforcement of judgements as between member States of the regional economic integration organization, whether adopted before or after this Convention.

※国際裁判管轄に関する規定は、締約国が、拘束される旨の宣言を行なった場合のみ適用される。

Article 74
Application of chapter 14
The provisions of this chapter shall bind only Contracting States that declare in accordance with article 91 that they will be bound by them.

 

⑩Volume Contract
※運送人の責任を排除制限できる。

Article 80
Special rules for volume contracts
1. Notwithstanding article 79, as between the carrier and the shipper, a volume contract to which this Convention applies may provide for greater or lesser rights, obligations and liabilities than those imposed by this Convention.

2. A derogation pursuant to paragraph 1 of this article is binding only when:
(a) The volume contract contains a prominent statement that it derogates from this Convention;
(b) The volume contract is (i) individually negotiated or (ii) prominently specifies the sections of the volume contract containing the derogations;
(c) The shipper is given an opportunity and notice of the opportunity to conclude a contract of carriage on terms and conditions that comply with this Convention without any derogation under this article; and
(d) The derogation is neither (i) incorporated by reference from another document nor (ii) included in a contract of adhesion that is not subject to negotiation.

3. A carrier’s public schedule of prices and services, transport document, electronic transport record or similar document is not a volume contract pursuant to paragraph 1 of this article, but a volume contract may incorporate such documents by reference as terms of the contract.

4. Paragraph 1 of this article does not apply to rights and obligations provided in articles 14, subparagraphs (a) and (b), 29 and 32 or to liability arising from the breach thereof, nor does it apply to any liability arising from an act or omission referred to in article 61.

5. The terms of the volume contract that derogate from this Convention, if the volume contract satisfies the requirements of paragraph 2 of this article, apply between the carrier and any person other than the shipper provided that:
(a) Such person received information that prominently states that the volume contract derogates from this Convention and gave its express consent to be bound by such derogations; and
(b) Such consent is not solely set forth in a carrier’s public schedule of prices and services, transport document or electronic transport record.

6. The party claiming the benefit of the derogation bears the burden of proof that the conditions for derogation have been fulfilled.

※Volume Contractとは、「一定の期間内に一連の積荷として物品の特定数量の運送を定める契約」を言う。
数量の特定には最大及び最小もしくは一定の範囲を含めることができる。

Article 1
Definitions
2. “Volume contract” means a contract of carriage that provides for the carriage of a specified quantity of goods in a series of shipments during an agreed period of time. The specification of the quantity may include a minimum, a maximum or a certain range.

 

⑪荷送人の責任(実運送人に対しては、フレイトフォワーダーも荷送人の立場となる)

※荷送人に過失がある場合に責任を負う
梱包の不備、コンテナ内の適正な積み付け、物品取扱情報義務

※荷送人は無過失である場合でも責任を負う
契約明細に関する情報(物品の表示、識別マーク、梱包の数または量および物品の重量)、危険品の申告義務

Article 34
Liability of the shipper for other persons
The shipper is liable for the breach of its obligations under this Convention caused by the acts or omissions of any person, including employees, agents and subcontractors, to which it has entrusted the performance of any of its obligations, but the shipper is not liable for acts or omissions of the carrier or a performing party acting on behalf of the carrier, to which the shipper has entrusted the performance of its obligations.

Article 27
Delivery for carriage
1. Unless otherwise agreed in the contract of carriage, the shipper shall deliver the goods ready for carriage.
In any event, the shipper shall deliver the goods in such condition that they will withstand the intended carriage, including their loading, handling, stowing, lashing and securing, and unloading, and that they will not cause harm to persons or property.

3. When a container is packed or a vehicle is loaded by the shipper, the shipper shall properly and carefully stow, lash and secure the contents in or on the container or vehicle, and in such a way that they will not cause harm to persons or property.

Article 29
Shipper’s obligation to provide information, instructions and documents
1. The shipper shall provide to the carrier in a timely manner such information, instructions and documents relating to the goods that are not otherwise reasonably available to the carrier, and that are reasonably necessary:
(a) For the proper handling and carriage of the goods, including precautions to be taken by the carrier or a performing party; and
(b) For the carrier to comply with law, regulations or other requirements of public authorities in connection with the intended carriage, provided that the carrier notifies the shipper in a timely manner of the information, instructions and documents it requires.

2. Nothing in this article affects any specific obligation to provide certain information, instructions and documents related to the goods pursuant to law, regulations or other requirements of public authorities in connection with the intended carriage.

Article 30
Basis of shipper’s liability to the carrier
1. The shipper is liable for loss or damage sustained by the carrier if the carrier proves that such loss or damage was caused by a breach of the shipper’s obligations under this Convention.

2. Except in respect of loss or damage caused by a breach by the shipper of its obligations pursuant to articles 31, paragraph 2, and 32, the shipper is relieved of all or part of its liability if the cause or one of the causes of the loss or damage is not attributable to its fault or to the fault of any person referred to in article 34.

3. When the shipper is relieved of part of its liability pursuant to this article, the shipper is liable only for that part of the loss or damage that is attributable to its fault or to the fault of any person referred to in article 34.

Article 31
Information for compilation of contract particulars
1. The shipper shall provide to the carrier, in a timely manner, accurate information required for the compilation of the contract particulars and the issuance of the transport documents or electronic transport records, including the particulars referred to in article 36, paragraph 1; the name of the party to be identified as the shipper in the contract particulars; the name of the consignee, if any; and the name of the person to whose order the transport document or electronic transport record is to be issued, if any.

2. The shipper is deemed to have guaranteed the accuracy at the time of receipt by the carrier of the information that is provided according to paragraph 1 of this article. The shipper shall indemnify the carrier against loss or damage resulting from the inaccuracy of such information.

Article 32
Special rules on dangerous goods
When goods by their nature or character are, or reasonably appear likely to become, a danger to persons, property or the environment:
(a) The shipper shall inform the carrier of the dangerous nature or character of the goods in a timely manner before they are delivered to the carrier or a performing party. If the shipper fails to do so and the carrier or performing party does not otherwise have knowledge of their dangerous nature or character, the shipper is liable to the carrier for loss or damage resulting from such failure to inform; and
(b) The shipper shall mark or label dangerous goods in accordance with any law, regulations or other requirements of public authorities that apply during any stage of the intended carriage of the goods. If the shipper fails to do so, it is liable to the carrier for loss or damage resulting from such failure.

【参考情報】
岡部・山口法律事務所
海事弁護士 山口 修司先生

【2011年6月】