1952 碰撞问题.doc

1952 INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES CONCERNING CIVIL JURISDICTION IN MATTERS OF COLLISION Adopted in Brussels on 10 May 1952 [/doc/publication/unts/volume%20439/volume-439-i-6331-english.pdf] Article 1 2 Article 2 2 Article 3 2 Article 4 3 Article 5 3 Article 6 3 Article 7 3 Article 8 3 Article 9 4 Article 10 4 Article 11 4 Article 12 4 Article 13 4 Article 14 5 Article 15 5 Article 16 5 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 acti