ARGENTINA Law and Practice Contributed by: María Belén Espiñeira, Espiñeira Maritime Lawyers
In addition, the following national legislation applies to the rights and safety of seafarers: • the Labour Contract Law (No 20,744); • the relevant sections of the old Commercial Code, as amended by Laws 17,371 and 17,823 related to the legal regime applicable to work on board ships; • the Labour Risks Law (No 24,557); • the Argentine Navigation Law; • collective bargaining agreements; and • Regimen de Formación y Capacitación del Person- al de la Marina Mercante (REFOCAPEMM). 4. Cargo Claims 4.1 Bills of Lading The transport of cargo under a bill of lading is gov - erned by: • the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (the “Hague Rules”), signed in Brussels in 1924, which was ratified by Argentina in 1960; and • the Argentine Navigation Law, which contains specific provisions applicable to the contract of carriage of goods by sea, when the International Convention does not apply. Therefore, when a bill of lading or similar document of title has been issued in a contracting state to the Hague Rules, the Hague Rules apply; otherwise, the Argentine Navigation Law does. 4.2 Title to Sue on a Bill of Lading The consignee of the cargo and/or the legitimate hold - er of a bill of lading is entitled to sue under the bill of lading. Argentine law recognises the assignment of title to sue, although it may be subject to certain con - ditions and formalities depending on the particulars of the case. 4.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages The Argentine Navigation Law establishes a package limitation based on the nature of the cargo (per pack - age, piece, unit or kilo weight). It follows the spirit of the International Convention for the Unification of
Certain Rules of Law relating to Bills of Lading, 1924 (the “Hague–Visby Rules”), but sets its own unit of account – namely, the Argentine gold peso – for the calculation of the limit. It is restricted to carriers, but their servants and agents can also allege the benefit of this limitation when a claim is brought directly against them. Therefore, the ship-owner – acting as actual carrier – can also claim the benefit of this limitation. Section 278 of the Argentine Navigation Law provides that the limit to the carrier’s liability for cargo claims shall be calculated per damaged or lost piece of car - go (when the cargo is carried unpacked, eg, heavy objects) or package of cargo (when the cargo is car - ried packed, eg, in boxes or pallets) or per unit of freight (when the cargo is carried in bulk). When cargo is carried in containers, the law states that where a container is used to consolidate goods, the number of packages or units enumerated in the bill of lading as packed in it shall be deemed the number of packages (for the purpose of limitation) as far as these pack - ages or units are concerned. The limitation of liability operates as a defence to which the carrier is entitled and which the carrier must allege when first appear - ing in court. Although the legislation fails to provide a cap to carriers’ liability for damages and/or losses caused by a delay in delivering the cargo at the port of destination, Argentine courts have resolved to follow the same limitation of liability regime as for loss of, or damage to, cargo. 4.4 Misdeclaration of Cargo Section 296 of the Argentine Navigation Law provides that shippers shall be deemed to have guaranteed to carriers the accuracy of the particulars of the cargo as inserted by them in the shipping instructions or the declaration of cargo for shipment. Therefore, carriers could bring a claim against shippers, if their failure to describe the cargo accurately causes damage to them or makes them incur liability before third parties. 4.5 Time Bar for Filing Claims for Damaged or Lost Cargo Under Argentine legislation, the time limit for cargo claims under the contract of carriage is one year from the unloading of the cargo; or, in the event that the goods were not discharged from the ship, from the date on which they should have been discharged; or,
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