(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 de
fendant 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.
1 In accordance with article 12 (a), the Convention came into force on 14 September 1955, six
months after the date of deposit of the second instrument of ratification. Here follows a list of
States which have deposited their instruments of ratification or accession (a) with the Ministry of
Foreign Affairs of Belgium, indicating the date of deposit and the date of entry into force of the
Convention for each State :
Date of entry
State
Date of deposit
into force
Spain ..............
8 December 1953
14 September 1955
Switzerland ............ 28 May
1954 (a)
14 September 1955
Yugoslavia ............ 14 March
1955
14 September 1955
Costa Rica (with reservations)* .... 13 July
1955 (a)
13 January
1956
Egypt .............. 24 August
1955
24 February
1956
Holy See ............. 10 August
1956
10 February 1957
Cambodia (with reservations)* .... 12 November 1956 (a)
12 May
1957
Portugal ............. 4 May
1957
4 November 1957
France**
............ 25 May
1957
25 November 1957
United Kingdom of Great Britain and
Northern Ireland ........ 18 March
1959
18 September 1959
Belgium ............. 10 April
1961
10 October
1961
Argentina ............. 19 April
1961 (a)
19 October
1961
* For the text of these reservations, see p. 230 of this volume.
** A notification of application to the French Overseas Territories, the Trust Territories of
Togoland and Cameroon under French administration was received by the Government of Belgium
on 23 April 1958 and took effect on 23 October 1958.
221
(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.
Official text
Transcription: Spot-checked
In force from 10-05-1952
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Section 1 of the International Convention of 10 May 1952 on Certain Rules Concerning Civil Juridictions in Matters of Collision/akn/un/act/treaty/1952-05-10/convention-collision-civil-jurisdiction-1952