DENMARK Law and Practice Contributed by: Johannes Grove Nielsen and Camilla Søgaard Hudson, Bech-Bruun
6. Enforcement of Law and Jurisdiction and Arbitration Clauses 6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Generally, Danish courts recognise and enforce law and jurisdiction clauses stated in bills of lad - ing. Any prior agreement that restricts the plaintiff’s right to have disputes regarding carriage of goods decided by civil legal proceedings shall be void to the extent that it restricts the plaintiff’s right, at their option, to institute an action with a court at one of the following places: • the principal place of business or, in the absence thereof, the habitual residence of the defendant; • the place where the contract was made, provided that the defendant has there a place of business, a branch or an agency through which the contract was made; • the port of loading agreed in the contract of carriage; or • the agreed or actual port of discharge pursu - ant to the contract of carriage. However, this does not prevent a party from instituting an action with a court at the place stated in the contract of carriage, nor does it pre - vent the parties from agreeing on how a dispute is to be settled once it has arisen. 6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading If a bill of lading has been completed pursuant to a chartering agreement, and that chartering agreement contains an arbitration clause, unless the bill of lading expressly states that such a clause is binding on the holder of the bill of lad -
• the 1974 Athens Convention on the carriage of passengers and their luggage by sea, as amended by the Protocol of 2002;
• EU Regulation No 392/2009; • EU Regulation No 1177/2010;
• Executive Order No 9 of 10 January 2013 on certificates for confirming insurance or other guarantee for covering the liability to pay compensation in connection with accidents during the carriage of passengers by sea, as amended by Executive Order No 47 of 21 January 2014 and Executive Order No 1525 of 11 December 2015; and • Chapter 15 of the Danish Merchant Shipping Act on the carriage of passengers and their luggage. According to the Danish Merchant Shipping Act Section 501, the period of limitation regarding delay of carriage of passengers or passengers’ goods is two years after the day the passenger or the baggage was discharged. The limitations on liabilities are as follows. • Loss caused by delay can be limited to SDR 4,150. • Loss caused by delay of luggage is: (a) SDR 1,800 for hand luggage; (b) SDR 10,000 per vehicle; and (c) SDR 2,700 per passenger for other lug - gage. Liabilities cannot be limited if the loss is caused with intent or gross negligence. Claims for indemnities for personal injury of a passenger may serve as a basis for a maritime lien.
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