Shipping 2025

ARGENTINA Law and Practice Contributed by: María Belén Espiñeira, International Transport & Logistics Legal Consultants – MB Espiñeira & Abogados

3.3 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 package, piece, unit or kilo weight). It follows the spirit of the Hague–Visby Rules but sets its own unit of account – namely, Argen - tine 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 limi - tation 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 cargo (when the cargo is car - ried unpacked, eg, heavy objects) or package of cargo (when the cargo is carried 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 con - tainer is used to consolidate goods, the num - ber 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 limita - tion) as far as these packages or units are con - cerned. The limitation of liability operates as a defence to which the carrier is entitled and which the carrier must allege when first appearing 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. 3.4 Misdeclaration of Cargo Section 296 of the Argentine Navigation Law provides that shippers shall be deemed to have

17,823 related to the legal regime applicable to work on board ships; • Labour Risks Law 24,557; • the Argentine Navigation Law; • collective bargaining agreements; and • Regimen de Formación y Capacitación del Personal de la Marina Mercante (REFO - CAPEMM). 3. Cargo Claims 3.1 Bills of Lading The transport of cargo under a bill of lading is governed by: • the International Convention for the Unifica - tion of Certain Rules of Law relating to Bills of Lading (the “Hague Rules”), signed in Brus - sels 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 Inter - national Convention does not apply. Therefore, when a bill of lading or similar docu - ment of title has been issued in a contracting state to the Hague Rules, the Hague Rules apply; otherwise, the Argentine Navigation Law does. 3.2 Title to Sue on a Bill of Lading The consignee of the cargo and/or the legiti - mate holder of the bill of lading is entitled to sue under a bill of lading. Argentine law recognises the assignment of title to sue, although it may be subject to certain conditions and formalities depending on the particulars of the case.

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