BELGIUM Law and Practice Contributed by: André Kegels, Kegels Advocaten
appealing administrative sanctions or opposing such findings is short, speed is of the essence. Additionally, the law allows for the possibility of criminal prosecution in cases of non-compliance with the MLC.
omission and leads to liability. This is the normal application of the Hague–Visby Rules and their principles. 3.5 Time Bar for Filing Claims for Damaged or Lost Cargo The time bar for filing a claim for damaged or lost cargo (either for breach of contract or for liability in tort) in Belgium is one year from deliv - ery, unless the protection given by the rules on carriage would not apply, in which case the con - tractual provisions in the terms of carriage could be applicable. Once the time bar runs out, it can be extended. Great care should be taken to ensure that the appropriate wording is used when applying for an extension of the time bar; the wrong word - ing can often result in a refusal to extend. It is also important that the extension is obtained from the correct person(s) in favour of the cor - rect person(s). 4. Maritime Liens and Ship Arrests 4.1 Ship Arrests The applicable convention regarding the arrests of vessels is the International Convention on Arrest of Ships, 1952 (the “1952 Arrest Conven - tion”). Arrests are made either by application of the convention itself or by application of the NBMC, which incorporates the same rules. Under Belgian law, there is a difference between maritime liens as rights in rem and maritime claims, which allow the arrest of a sea-going vessel. The maritime claims for which a sea-going ves - sel can be arrested are listed in Article 1.1 of the 1952 Ship Arrest Convention. A “maritime
3. Cargo Claims 3.1 Bills of Lading
The Hague–Visby rules have been incorporated into the NBMC. In addition to their regular appli - cation, the Hague–Visby Rules as incorporated into Belgian law also apply, on a mandatory basis, to all carriage to and from Belgian ports. Conflicting provisions in the terms of carriage are to be disregarded. 3.2 Title to Sue on a Bill of Lading Under the NBMC, both the receiver and the shipper have title to sue. However, it should be noted that the burden of proof of the damages suffered is different. A third-party receiver only needs to establish the damages and their extent, not that it suffered them. A shipper must also establish that it suffered the damages. Such a title to sue can be assigned. 3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages The carriers’ liability and limitation of liability for cargo damages is per the principles of the Hague–Visby Rules (as amended by the 1979 Special Drawing Rights Protocol). Depending on how the bills of lading or other transport docu - ments are issued, the liability rests with the con - tractual carrier or the ship-owner, or both. 3.4 Misdeclaration of Cargo The carrier can claim against the shipper for mis - declared cargo. A misdeclaration is an error or
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