1978年联合国海上货物运输公约（二）

on as against a holderhaving acquired the Bill of Lading in good faith.

　　3. The arbitration proceedings shall， at the option of the claimant，be instituted at one of the following places：

　　（a） a place in a State within whose territory is situated：

　　（i） the principal place of business of the defendant or， inthe absence thereof， the habitual residence of the defendant； or

　　（ii） the place where the contract was made， provided that thedefendant has there a place of business， branch or agency through whichthe contract was made； or

　　（iii） the port of loading or the port of discharge； or

　　（b） any place designated for that purpose in the arbitrationclause or agreement.

　　4. The arbitrator or arbitration tribunal shall apply the rules ofthis Convention.

　　5. The provisions of paras. 3 and 4 of this Article are deemed to bepart of every arbitration clause or agreement， and any term of such clauseor agreement which is inconsistent therewith is null and void.

　　6. Nothing in this Article affects the validity of an agreementrelating to arbitration made by the parties after the claim under thecontract of carriage by sea has arisen.

　　PART VI. SUPPLEMENTARY PROVISIONS

　　Article 23. Contractual stipulations

　　1. Any stipulation in a contract of carriage by sea， in a Bill ofLading， or in any other document evidencing the contract of carriage bysea is null and void to the extent that it derogates， directly orindirectly， from the provisions of this Convention. The nullity of such astipulation does not affect the validity of the other provisions of thecontract or document of which it forms a part. A clause assigning benefitof insurance of the goods in favour of the carrier， or any similar clause，is null and void.

　　2. Notwithstanding the provisions of para. 1 of this Article， acarrier may increase his responsibilities and obligations under thisConvention.

　　3. Where a Bill of Lading or any other document evidencing thecontract of carriage by sea is issued， it must contain a statement thatthe carriage is subject to the provision

s of this Convention which nullifyany stipulation derogating therefrom to the detriment of the shipper orthe consignee.

　　4. Where the claimant in respect of the goods has incurred loss as aresult of a stipulation which is null and void by virtue of the presentArticle， or as a result of the omission of the statement referred to inpara. 3 of this Article， the carrier must pay compensation to the extentrequired in order to give the claimant compensation in accordance with theprovisions of this Convention for any loss of or damage to the goods aswell as for delay in delivery. The carrier must， in addition， paycompensation for costs incurred by the claimant for the purpose ofexercising his right， provided that costs incurred in the action where theforegoing provision is invoked are to be determined in accordance with thelaw of the State where proceedings are instituted.

　　Article 24. General average

　　1. Nothing in this Convention shall prevent the application ofprovisions in the contract of carriage by sea or national law regardingthe adjustment of general average.

　　2. With the exception of Art. 20， the provisions of this Conventionrelating to the liability， of the carrier for loss of or damage to thegoods also determine whether the consignee may refuse contribution ingeneral average and the liability of the carrier to indemnify theconsignee in respect of any such contribution made or any salvage paid.

　　Article 25. Other conventions

　　1. This Convention does not modify the rights or duties of thecarrier， the actual carrier and their servants and agents， provided for ininternational conventions or national law relating to the limitation ofliability of owners of seagoing ships.

　　2. The provisions of Arts. 21 and 22 of this Convention do not preventthe application of the mandatory provisions of any other multilateralconvention already in force at the date of this Convention relating tomatters dealt with in the said Articles， provided that the dispute arisesexclusively between Parties having their principal place of business inStates members of such other convention. However， this paragraph does notaffect the application of para. 4 of Art. 22 of this Convention.

　　3. No liability shall arise under the provisions of this Conventionfor damage caused by a nuclear incident if the operator of a nuclearinstallation is liable for such damage：

　　（a） under either the Paris Convention of July 29， 1960， on ThirdParty Liability in the Field of Nuclear Energy as amended by theAdditional Protocol of Jan. 28， 1964， or the Vienna Convention of May 21，1963， on Civil Liability for Nuclear Damage， or

　　（b） by virtue of national law governing the liability for suchdamage， provided that such law is in all respects as favourable to personswho may suffer damage as either the Paris or Vienna Conventions.

　　4. No liability shall arise under the provisions of this Conventionfor any loss of or damage to or delay in delivery of luggage for which thecarrier is responsible under any international convention or national lawrelating to the carriage of passengers and their luggage by sea.

　　5. Nothing contained in this Convention prevents a Contracting Statefrom applying any other international convention which is already in forceat the date of this Convention and which applies mandatorily to contractsof carriage of goods primarily by a mode of transport other than transportby sea. This provision also applies to any subsequent revision oramendment of such international convention.

　　Article 26. Unit of account

　　1. The unit of account referred to in Art. 6 of this Convention is theSpecial Drawing Right as defined by the International Monetary Fund. Theamounts mentioned in Art. 6 are to be converted into the national currencyof a State according to the value of such currency at the date of judgmentor the date agreed upon by the parties. The value of a na

tional currency，in terms of the Special Drawing Right， of a Contracting State which is amember of the International Monetary Fund is to be calculated inaccordance with the method of valuation applied by the InternationalMonetary Fund in effect at the date in question for its operations andtransactions. The value of a national currency in terms of the SpecialDrawing Right of a Contracting State which is not a member of theInternational Monetary Fund is to be calculated in a manner determined bythat State.

　　2. Nevertheless， those States which are not members of theInternational Monetary Fund and whose law does not permit the applicationof the provisions of para. 1 of this Article may， at the time ofsignature， or at the time of ratification， acceptance， approval oraccession or at any time thereafter， declare that the limits of liabilityprovided for in this Convention to be applied in their territories shallbe fixed as：

　　12，500 monetary units per package or other shipping unit or 37.5monetary units per kilogramme of gross weight of the goods.

　　3. The monetary unit referred to in para. 2 of this Articlecorresponds to sixty-five and a half milligrams of gold of millesimalfineness nine hundred. The conversion of the amounts referred to in para.2 into the national currency is to be made according to the law of theState concerned.

　　4. The calculation mentioned in the last sentence of para. 1 and theconversion mentioned in para. 3 of this Article is to be made in such amanner as to express in the national currency of the Contracting State asfar as possible the same real value for the amounts in Art. 6 as isexpressed there in units of account. Contracting States must communicateto the depositary the manner of calculation pursuant to para. 1 of thisArticle， or the result of the conversion mentioned in para. 3 of thisArticle， as the case may be， at the time of signature or when depositingtheir instruments of ratification， acceptance， approval or accession， orwhen availing themselves of the option provided for in para. 2 of thisArticle and whenever there is a change in the manner of such calculationor in the result of such conversion.

　　PART VII. FINAL CLAUSES

　　Article 27. Depositary

　　The Secretary-General of the United Nations is hereby designated asthe depositary of this Convention.

　　Article 28. Signature， ratification， acceptance， approval， acces-sion

　　1. This Convention is open for signature by all States until Apr. 30，1979， at the Headquarters of the United Nations， New York.

　　2. This Convention is subject to ratification， acceptance or approvalby the signatory States.

　　3. After Apr. 30， 1979， this Convention will be open for accession byall States which are not signatory States.

　　4. Instruments of ratification， acceptance， approval and accession areto be deposited with the Secretary-General of the United Nations.

　　Article 29. Reservations

　　No reservations may be made to this Convention.

　　Article 30. Entry into force

　　1. This Convention enters into force on the first day of the monthfollowing the expiration of one year from the date of deposit of the 20thinstrument of ratification， acceptance， approval or accession.

　　2. For each State which becomes a Contracting State to this Conventionafter the date of the deposit of the 20th instrument of ratification，acceptance， approval or accession， this Convention enters into force onthe first day of the month following the expiration of one year after thedeposit of the appropriate instrument on behalf of that State.

　　3. Each Contra

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