Warsaw Convention"Warsaw Convention for Unification of Certain rules related to International Carriage by AirFatima Sarmiento & Laundgren De Jose 09/15/15Warsaw Convention"Warsaw Convention for Unification of Certain rules related to International Carriage by Air

Signed at Warsaw, Poland October 12, 1929 Provides for rules applicable to international transportation by air. Became applicable to the Philippines on February 9, 1951

Fatima Sarmiento & Laundgren De Jose 09/15/15 Warsaw Convention has the force and effect of a law in the Philippines, being a treaty commitment assumed by the Philippine Government

The convention does not operate as an exclusive enumeration of the instances for declaring carrier liable for breach of contract of carriage.

Fatima Sarmiento & Laundgren De Jose 09/15/15"International Transportation by Air"Under the Warsaw Convention (2) categories:

That where the place of departure and the place of destination are situated within the territories of two High contracting Parties, regardless of whether or not there be break in the transportation or a transhipment.

That where the place of departure and the place of destination are within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, mandate, or authority of another power, even though the power is not a party to the Convention.

Fatima Sarmiento & Laundgren De Jose 09/15/15Article 28 states:

"An action for damages must be brought at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the court of the domicile of the carrier or of his principal place of business, or where he has a place of business through which the contract has been made, or before the court at the place of destination"

Warsaw Convention is not applicable if the damages is cause by its wilful misconduct or by such default on his part

Fatima Sarmiento & Laundgren De Jose 09/15/15Carriage of Goods by Sea Act (COGSA)Fatima Sarmiento & Laundgren De Jose 09/15/15Commonwealth Act No. 65 October 22, 1936 An Act to declare that public act numbered five hundred and twenty one. Know as "Carriage of Goods by Sea Act" Enacted by the 74th Congress of the United States Accepted by the National Assembly

Fatima Sarmiento & Laundgren De Jose 09/15/15 The primordial purpose of the Carriage of Goods by Sea Act is to bring about uniformity to ocean bills of lading and to give effect to the Brussels Treaty

COGSA is applicable to all contracts for the carriage of goods by sea to and from Philippine Ports in foreign trade.

COGSA as a special law prevails over the general provisions of the Civil Code on prescription of action.

Fatima Sarmiento & Laundgren De Jose 09/15/15Prescription of Actions under the COGSA The action for loss or damage under the COGSA should be brought within (1) year after delivery of the goods or the date when the goods should have been delivered.

The carrier and the ship shall be discharged from all liability for such loss or damage.

The right of the shipper to bring suit within (1) year after the delivery.

Fatima Sarmiento & Laundgren De Jose 09/15/15One Year Period is interrupted in the following cases: In case an action has already been filed in court;

When there is an express agreement that an extra-judicial claim for damages will suspend the running of the prescriptive period for in such case

Fatima Sarmiento & Laundgren De Jose 09/15/15 The obligation of the carrier to carry the goods includes the duty not to delay their transportation

If the goods are lost or damaged by reason of an unjustified delay, The carrier is liable therefore;

The action is still basically one for damage to the goods.

Fatima Sarmiento & Laundgren De Jose 09/15/15

Obligations of the carrier before and at the beginning of the voyage The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to:

Make the ship seaworthy; Properly man, equip and supply the ship; Make the holds, refrigerating and cooling chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.

Fatima Sarmiento & Laundgren De Jose 09/15/152) The carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carrier;

3) After receiving the goods into his charge the carrier, or the master or agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of lading showing amount other things:

4) Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described.

Fatima Sarmiento & Laundgren De Jose 09/15/15Losses and Damages the carrier and the ship not liableNeither the carrier nor the ship shall be liable for loss or damages arising or resulting from un-seaworthiness unless cause by want of due diligence on the part of the carrier to make the ship seaworthy

Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from: Act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation Fire, unless caused by the actual fault

Fatima Sarmiento & Laundgren De Jose 09/15/15Perils, dangers and accidents of the sea or the other navigable waters;

Act of God;

Act of war;

Act of public enemies;

Arrest or restraint of princes, rulers, or people or seizure under legal process;

Quarantine restrictions;

Act or omission on the shipper or owner of the goods, his agent or representative;Fatima Sarmiento & Laundgren De Jose 09/15/15

Strikes or lockouts or stoppage or restraint of labor from whatever causeRiots and civil commotionsSaving or attempting to save life or property at seaWastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods;Insufficient packing;Latent defects not discoverable by due diligence;Any other cause arising without the actual fault and privity of the carrier and without the fault or neglect of the agents or servants of the carrierFatima Sarmiento & Laundgren De Jose 09/15/15

HAGUE RULESFirst International Convention on the carriage of goods by sea Adopted in 1924Unification of the existing legislation of several countries and was intended to afford protection to the value of cargo90% of nations followedAdopted in 1936 of COGSA

Fatima Sarmiento & Laundgren De Jose 09/15/15Hague-visby rules Updated version of Hague Rules Obligation of the carrier Liability of the carrierThe HagueVisby Rules were incorporated into English law by the Carriage of Goods by Sea Act 1971Fatima Sarmiento & Laundgren De Jose 09/15/15Hamburg rules The Hamburg Rules are a set of rules governing the international shipment of goods Did not satisfy the interest of cargo carriers The Convention was an attempt to form a uniform legal base for the transportation of goods on oceangoing ships. Adoption called United Nation Convention on the Carriage of Goods by Sea, 1978 at Hamburg, Germany March 1978Fatima Sarmiento & Laundgren De Jose 09/15/15Documents commonly used in carriage of goods by sea are: Bill of Lading

Sea Waybills

Manifest (Cargo and Freight)

Delivery orders

Mate's Receipts

Fatima Sarmiento & Laundgren De Jose 09/15/15Summary Warsaw Convention is the Unification of certain rules relating to international carriage by air, which regulates liability for international carriage of persons, luggage, or goods performed by aircraft for reward.

COGSA governs the rights and responsibilities between shippers of cargo and ship-owners regarding ocean shipments to and from the United States.

Fatima Sarmiento & Laundgren De Jose 09/15/15