Hamburg Rules: liability limits and deadlines
The Hamburg Rules were drafted by UNCITRAL as a more cargo-friendly replacement for the Hague system. They remove the nautical fault defence, cover deck cargo and live animals, extend the carrier's period of responsibility from receipt to delivery at port, and set higher limits.
Full name: United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg)
Status: In force since 1 November 1992 (UN Treaty Collection lists 36 parties)
Mode: Ocean
Carrier's liability limit
835 SDR per package or other shipping unit, or 2.5 SDR per kilogram of gross weight, whichever is higher (Art. 6(1)(a)). Delay: 2.5 times the freight payable for the delayed goods, capped at total freight (Art. 6(1)(b)).
Calculate a Hamburg Rules limit
Notice, claim and time-bar deadlines
- Notice of apparent loss/damage
- In writing not later than the working day after the goods are handed over to the consignee (Art. 19(1)).
- Notice of non-apparent loss/damage
- Within 15 consecutive days after the goods are handed over (Art. 19(2)).
- Notice of delay
- Within 60 consecutive days after the goods are handed over; otherwise no compensation for delay (Art. 19(5)).
- Time bar (suit or arbitration)
- 2 years from delivery, or from the last day on which the goods should have been delivered (Art. 20).
Who it applies to
Contracts of carriage by sea between two different states where the port of loading or discharge (or optional port of discharge actually used) is in a Contracting State, the bill of lading is issued in a Contracting State, or the contract incorporates the Convention (Art. 2). Parties are mostly in Africa, Latin America and Central/Eastern Europe; none of the 20 major trading countries covered on this site is a party.
Important notes
- Signatory states that never ratified (e.g. Brazil, France, Germany, Mexico, Singapore, the United States) are not bound.
- Limits are broken if the loss resulted from an act or omission of the carrier done with intent or recklessly with knowledge that loss would probably result (Art. 8).
FAQ
Does the Hamburg limit apply to my shipment from China to Germany?
Not by treaty: neither China nor Germany is a party. Hamburg can still apply if the bill of lading incorporates it, which is uncommon.
Why are Hamburg limits higher than Hague-Visby?
The Convention set 835 SDR/package and 2.5 SDR/kg, about 25% above the Hague-Visby SDR figures, as part of a rebalancing in favour of cargo interests.
Primary sources
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Prototype: this form is not connected yet and stores nothing.General information only, not legal or insurance advice. Limits depend on the contract, the documents issued, declared values, national law and the facts of each case. Check the primary sources and consult a qualified professional before relying on any figure.