Rotterdam Rules: A Practical Annotation

Yvonne Baatz; Charles Debattista; Filippo Lorenzon; Andrew Serdy; Hilton Staniland; Michael Tsimplis

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6 Additional Provisions Relating to Particular Stages of Carriage

Article 24. Deviation

When pursuant to applicable law a deviation constitutes a breach of the carrier’s obligations, such deviation of itself shall not deprive the carrier or a maritime performing party of any defence or limitation of this Convention, except to the extent provided in article 61.

NOTES

[24-01] Under the Rotterdam Rules, whether or not deviation constitutes a breach of the contract of carriage is left for the national applicable law to decide.1 However, irrespective of the answer, the consequence will not be that of depriving the carrier of the protections afforded to it by the Convention.

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