船舶碰撞中民事管辖权方面某些规定的国际公约(附英文)

【时效性】 有效
【签订地点】 布鲁塞尔
【签订日期】 1952/05/10
【生效日期】
【失效日期】
【内容分类】 海事
【有效期限】
【题注】
【正文】
简介
本公约于１９５２年５月１０日在布鲁塞尔召开的第九届海洋法外交会议上通过。
参加本公约的国家的名单：略。
公约
第一条
１．关于海船与海船或海船与内河船舶发生的碰撞，只能向下列法院诉讼：
（１）被告经常居住地或营业所在地的法院；
（２）扣留过失船舶或得依法扣留的属于被告的任何其他船舶的法院，或本可进行扣留并已提出保证金或其他保全的地点的法院；
（３）碰撞发生于港口或内河水域以内时，则在碰撞发生地点的法院。
２．究竟是在本条第１款所列举的任一法院起诉，应由原告决定。
３．请求人不得在未撤销原有诉讼之前，就同一事实对同一被告在另一管辖区域内提起诉讼。
第二条
第一条的规定，在任何情况下都不得妨碍当事双方向其已一致选定的法院就碰撞事件提起诉讼，或将该案提付仲裁的权利。
第三条
１．就同一碰撞事件提起的反诉，得向根据第一条规定对本诉具有管辖权的法院提出。
２．如有几个请求人，任一请求人都可将其案件向已受理就同一碰撞案件控告同一当事人的法院提起诉讼。
３．在发生涉及二艘或二艘以上船舶的碰撞案件时，本公约中的任何规定，都不得妨碍按本公约规定审理案件的法院，根据其国内就同一事故的其它诉讼行使管辖权。
第四条
本公约亦适用于一船因执行或不执行某项操作，或因不遵守航行规则而造成的对一另船或该船所载财物或人身的损害而引起的诉讼；即使未曾发生实际碰撞，亦得适用。
第五条
本公约中的任何规定，都不得改变目前或此后在各缔约国实行的关于军用船舶或为国家使用的船舶碰撞方面的法律规定。
第六条
本公约不影响运输契约或其他契约所引起的请求。
第七条
本公约不适用于经修订的１８６８年１０月１７日莱茵河航行公约中所列举的情况。
第八条
任何案件中所涉及的一切船舶，如果都属于缔约国家所有，本公约的规定便应适用于全体利害关系人。
但是：
１．如果利害关系人属于非缔约国，则上述规定的适用得由各缔约国根据互惠条件进行；
２．如果全体利害关系人与审理该案法院属于同一国家，则应适用该国国内法，而不适用本公约。
第九至十六条
（形式条款，从略）

INTERNATIONAL CONVENTION ON CERTAIN RULES CONCERNING CIVIL JURIS-DICTION IN MATTERS OF COLLISION, 1952

Whole document
THE HIGH CONTRACTING PARTIES,
Having recognised the advisability of establishing by agreement
certain uniform rules relating to civil jurisdiction in matters of
collision, have decided to conclude a Convention for this purpose and
thereto have agreed as follows:
Article 1
(1) An action for collision occurring between seagoing vessels, or
between seagoing vessels and inland navigation craft, can only be
introduced;
(a) either before the Court where the defendant has his habitual
residence or a place of business;
(b) or before the Court of the place where arrest has been
effected of the defendant ship or of any other ship belonging to the
defendant which can be lawfully arrested, or where arrest could have been
effected and bail or other security has been furnished;
(c) or before the Court of the place of collision when the
collision has occurred within the limits of a port or in inland waters.
(2) It shall be for the plaintiff to decide in which of the Courts
referred to in § 1 of this Article the action shall be instituted.
(3) A claimant shall not be allowed to bring a further action against
the same defendant on the same facts in another jurisdiction, without
discontinuing an action already instituted.
Article 2
The provisions of Article 1 shall not in any way prejudice the right
of the parties to bring an action in respect of a collision before a Court
they have chosen by agreement or to refer it to arbitration.
Article 3
(1) Counterclaims arising out of the same collision can be brought
before the Court having jurisdiction over the principal action in
accordance with the provisions of Article 1.
(2) In the event of there being several claimants, any claimant may
bring his action before the Court previously seized of any action against
the same party arising out of the same collision.
(3) In the case of a collision or collisions in which two or more
vessels are involved nothing in this Convention shall prevent any Court
seized of an action by reason of the provisions of this Convention, from
exercising jurisdiction under its national laws in further actions arising
out of the same incident.
Article 4
This Convention shall also apply to an action for damage caused by one
ship to another or to the property or persons on board such ships through
the carrying out of or the omission to carry out a manoeuvre or through
non-compliance with regulations even when there has been no actual
collision.
Article 5
Nothing contained in this Convention shall modify the rules of law now
or hereafter in force in the various contracting States in regard to
collisions involving warships or vessels owned by or in the service of a
State.
Article 6
This Convention does not affect claims arising from contracts of
carriage or from any other contracts.
Article 7
This Convention shall not apply in cases covered by the provisions of
the revised Rhine Navigation Convention of October 17, 1868.
Article 8
The provisions of this Convention shall be applied as regards all
persons interested when all the vessels concerned in any action belong to
States of the High Contracting Parties.
Provided always that:
(1) As regards persons interested who belong to a non-contracting
State, the application of the above provisions may be made by each of the
contracting States conditional upon reciprocity;
(2) Where all the persons interested belong to the same State as
the court trying the case, the provisions of the national law and not of
the Convention are applicable.
Article 9
The High Contracting Parties undertake to submit to arbitration any
disputes between States arising out of the interpretation or application
of this Convention, but this shall be without prejudice to the obligations
of those High Contracting Parties who have agreed to submit their disputes
to the International Court of Justice.
Article 10
This Convention shall be open for signature by the States represented
at the Ninth Diplomatic Conference on Maritime Law. The protocol of
signature shall be drawn up through the good offices of the Belgian
Ministry of Foreign Affairs.
Article 11
This Convention shall be ratified and the instruments of ratification
shall be deposited with the Belgian Ministry of Foreign Affairs which
shall notify all signatory and acceding States of the deposit of any such
instruments.
Article 12
(a) This Convention shall come into force between the two States which
first ratify it, six months after the date of the deposit of the second
instrument of ratification.
(b) This Convention shall come into force in respect of each signatory
State which ratifies it after the deposit of the second-instrument of
ratification six months after the date of the deposit of the instrument of
ratification of that State.
Article 13
Any State not represented at the Ninth Diplomatic Conference on
Maritime Law may accede to this Convention.
The accession of any State shall be notified to the Belgian Ministry
of Foreign Affairs which shall inform through diplomatic channels all
signatory and acceding States of such notification.
The Convention shall come into force in respect of the acceding State
six months after the date of the receipt of such notification but not
before the Convention has come into force in accordance with the
provisions of Article 12(a).
Article 14
Any High Contracting Party may three years after the coming into force
of this Convention in respect of such High Contracting Party or at any
time thereafter request that a conference be convened in order to consider
amendments to the Convention.
Any High Contracting Party proposing to avail itself of this right
shall notify the Belgian Government which shall convene the conference
within six months thereafter.
Article 15
Any High Contracting Party shall have the right to denounce this
Convention at any time after the coming into force thereof in respect of
such High Contracting Party. This denunciation shall take effect one year
after the date on which notification thereof has been received by the
Belgian Government which shall inform through diplomatic channels all the
other High Contracting Parties of such notification.
Article 16
(a) Any High Contracting Party may at the time of its ratification of
or accession to this Convention or at any time thereafter declare by
written notification to the Belgian Ministry of Foreign Affairs that the
Convention shall extend to any of the territories for whose international
relations it is responsible. The Convention shall six months after the
date of the receipt of such notification by the Belgian Ministry of
Foreign Affairs extend to the territories named therein, but not before
the date of the coming into force of the Convention in respect of such
High Contracting Party.
(b) A High Contracting Party which has made a declaration under
paragraph (a) of this Article extending the Convention to any territory
for whose international relations it is responsible may at any time
thereafter declare by notification given to the Belgian Ministry of
Foreign Affairs that the Convention shall cease to extend to such
territory and the Convention shall one year after the receipt of the
notification by the Belgian Ministry of Foreign Affairs cease to extend
thereto.
(c) The Belgian Ministry of Foreign Affairs shall inform through
diplomatic channels all signatory and acceding States of any notification
received by it under this Article.
DONE AT BRUSSELS, in a single original in the French and English
languages, the two texts being equally authentic, on May 10, 1952.