Shipping 2026

MOZAMBIQUE Law and Practice Contributed by: José Miguel Oliveira, Kenny Laisse and Caio de Mello Ferreira, VdA

6. Passenger Claims 6.1 Laws and Conventions Applicable to the Resolution of Passenger Claims In addition to the individual terms of the relevant contract, the carriage of passengers is governed in general by Mozambique’s Civil Code, the Consumer Protection Law (Law No 22/2009 of 28 September 2009) and Article 434 et seq of Decree-Law 3/2022. Mozambique has not ratified the Athens Convention relating to the Carriage of Passengers and their Lug - gage by Sea. In accordance with domestic laws, a passenger has the right to be compensated for any losses or damages caused by an action attributed to the car - rier, regardless of its wilful misconduct, and for any expenses incurred by the passenger deriving from the delay, interruption or change of route undertaken by the carrier. Claims for indemnities for personal injury of a passen - ger are not recognised as a maritime lien or a maritime claim. In accordance with the 1888 Commercial Code and Decree-Law 3/2022, the time bar applicable will vary between one and three years. In addition, under Decree-Law 3/2022, a carrier will also benefit from a time bar of 120 days for loss or damage suffered by the carrier due to inaccurate information on, or false description of, the goods being carried. 7. Enforcement of Law and Jurisdiction and Arbitration Clauses 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Choice of Law Clauses Notwithstanding the provisions set out by the Brus - sels Convention or the Hague Rules, the parties may choose the law that governs the obligations arising from a contract (including bills of lading), as estab - lished by Article 41 (1) of the Civil Code. However, that choice must correspond to a serious interest of the parties or be connected to a relevant element of the contract (eg, the place where the parties are domiciled

or where the contract shall be performed), as set out by Article 41 (2) of the Civil Code. Jurisdiction Clauses As a rule, jurisdiction clauses stated in contracts (including bills of lading) are valid and enforceable as long as they arise from a written agreement in which the competent jurisdiction is expressly mentioned, as established by Article 99 of the Civil Procedure Code. Article 22 of Law 10/2022 further establishes that Mozambican courts’ jurisdiction cannot be excluded in matters of international maritime law that would be within the jurisdiction of Mozambican courts in accordance with Mozambican domestic law, unless the parties are foreigners and if it is a question regard - ing an obligation that must be performed in a foreign territory and does not relate to assets located, regis - tered or enrolled in Mozambique. 7.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading Pursuant to Articles 4 (1) and 5 (2) of Law No 11/99 of 12 July 1999 (“Law 11/99”), an arbitration clause is valid as long as it arises from a written agreement of the parties, and it concerns a claim of rights that can be disposed of or waived and that is not attributed to the exclusive jurisdiction of Mozambican courts. For choice of law clauses, see 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lad- ing . 7.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is appli - cable in Mozambique. With regard to domestic law, Articles 1094 to 1096 of the Civil Procedure Code are applicable to the review and confirmation of foreign judgments. As a rule, any judgment awarded by a foreign court shall be subject to review and confirmation by the Supreme Court in order to be valid and enforceable in Mozambique.

384 CHAMBERS.COM