The Hamburg Rules (UN Convention on the Carriage of Goods by Sea, 1978)

What are the Hamburg Rules?

The Hamburg Rules are the United Nations Convention on the Carriage of Goods by Sea, 1978, adopted at Hamburg on 31 March 1978 and in force since 1 November 1992. They were drafted under the auspices of UNCITRAL as a cargo-friendly alternative to the Hague and Hague-Visby Rules.

As of April 2026, 36 States are party to the Hamburg Rules (Ecuador deposited its instrument of accession on 31 July 2025, with entry into force for Ecuador on 1 August 2026). None of the world's largest maritime trading nations - including the United Kingdom, United States, Japan, China, Germany, France, Singapore, and Malaysia - have ratified them.

When the Hamburg Rules apply

Under Article 2, the Rules apply to contracts of carriage by sea between two different States when the port of loading or discharge is in a Contracting State, or the bill of lading is issued in a Contracting State, or the document provides that the Rules govern the contract.

Unlike the Hague-Visby Rules, the Hamburg Rules apply from port to port.

How liability works

The carrier is liable for loss, damage, or delay unless it proves all reasonable measures were taken (Article 5(1)). The Hamburg Rules abolish the nautical fault defence and treat fire only as a defence where the carrier proves it was not at fault.

Liability limits

The Hamburg limits are approximately 25% higher than the Hague-Visby limits (666.67 SDR / 2 SDR per kg).

Time bar

Under Article 20, claims are time-barred after two years - double the one-year period under Hague-Visby.

Why this matters for Malaysian shippers

Malaysia is not a party to the Hamburg Rules. Peninsular Malaysia applies Hague-Visby (with SDR Protocol) since 15 July 2021; Sabah and Sarawak still apply the Hague Rules 1924. However, a Malaysian exporter shipping to a Hamburg State (e.g., Chile, Egypt, Nigeria) may find the inbound leg governed by Hamburg-based local law.

FAQ

Q: Are the Hamburg Rules in force? Yes, since 1 November 1992 with 36 States Parties. Not adopted by any top ten trading nation.

Q: Hague-Visby vs Hamburg? Hague-Visby is carrier-friendly (666.67 SDR, 1-year bar, tackle-to-tackle). Hamburg is cargo-friendly (835 SDR, 2-year bar, port-to-port, no nautical fault defence).

Q: Do the Hamburg Rules cover deck cargo? Yes, under Article 9.

Q: Can I contract out? No. Article 23 makes derogating stipulations void.

Official source

• Full text (UN)
• Related: Hague-Visby Rules | Rotterdam Rules | Incoterms 2020