Apostille Convention

October 5, 1961 Apostille or “Certificate” (Art.3)

a. Issued by competent authority (Art. 3)

(1) Designated by the contracting state in
Article 2:
its notice to the Ministry of Foreign
Each Contracting State shall exempt from legalisation Affairs in the Netherlands upon deposit
documents to which the present Convention applies of either the instrument of ratification,
and which have to be produced in its territory. For the accession, or declaration of extension
purposes of the present Convention, legalisation means (Art. 6)
only the formality by which the diplomatic or consular (2) Shall keep a register or card index
agents of the country in which the document has to be recording the certificates issued
produced certify the authenticity of the signature, the specifying
capacity in which the person signing the document has i. The number and date of the
acted and, where appropriate, the identity of the seal certificate
or stamp which it bears. ii. Either
a) The name of the
person signing the
Article 9: public document, or
b) The name of the
Each Contracting State shall take the necessary steps to authority that affixed
prevent the performance of legalisations by its the stamp or seal
diplomatic or consular agents in cases where the
present Convention provides for exemption.
b. Must be in the form prescribed by Art. 4:
(1) Placed on the document or an “allonge”
▪ Art. 3 par. 2: However, the formality mentioned (2) In the form or model annexed to the
in the preceding paragraph cannot be required Present Convention
when either the laws, regulations, or practice in (3) Drawn in either
force in the State where the document is i. The official language of the
produced or an agreement between two or authority issuing, or
more Contracting States have abolished or ii. Second language
simplified it, or exempt the document itself (4) The title “apostille” be in the French
from legalisation. language

Article 1: Scope c. Issued upon the request of either the person

[Foreign] public documents executed in one contracting signing the document, or by any bearer
state which have to be produced in another contracting ▪ The signature, seal and stamp on the certificate
state are exempt from all certification (Art. 5)

a. Documents emanating from an authority or

official connected with courts or tribunals, Article 14: Effectivity
including
(1) Public prosecutor The present Convention shall remain in force for five
(2) Clerk of court, or years from the date of its entry into force in accordance
(3) Process server with the first paragraph of Article 11, even for States
b. Administrative documents which have ratified it or acceded to it subsequently.
c. Notarial acts If there has been no denunciation, the Convention shall
d. Official certificates…recording the registration of be renewed tacitly every five years. Any denunciation
a documents or the fact it was in existence on a shall be notified to the Ministry of Foreign Affairs of the
certain time and official and notarial Netherlands at least six months before the end of the
authentications of signatures five year period.
Does not cover: It may be limited to certain of the territories to which
a. Documents executed by diplomatic or consular the Convention applies. The denunciation will only have
agents effect as regards the State which has notified it. The
b. Administrative documents dealing directly with Convention shall remain in force for the other
commercial or customs operations Contracting States.
CONVENTION ON THE SERVICE ABROAD OF JUDICIAL subject-matter of the action or that its internal law
AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR would not permit the action upon which the application
COMMERCIAL MATTERS is based. The Central Authority shall, in case of refusal,
promptly inform the applicant and state the reasons for
November 15, 1965
the refusal.

Article 1: Scope
Informing the Ministry of Foreign Affairs of the
in all cases, in civil or commercial matters; except where Netherlands on the compliance with the convention
the address of the person to be served with the through the instruments of ratification or accession: Art.
document is not known. 21

a) the designation of the Central Authority (Art. 2)

and the authorities determining the extent of
Article 9: the former’s competence (Art. 18)
Each Contracting State shall be free, in addition, to use b) the designation of the authority competent to
consular channels to forward documents, for the complete the certificate (Art. 6)
purpose of service, to those authorities of another c) the designation of the authority competent to
Contracting State which are designated by the latter for receive documents transmitted by consular
this purpose. Each Contracting State may, if exceptional channels (Art. 9)
circumstances so require, use diplomatic channels for And where appropriate:
the same purpose.
a) opposition to the use of methods of:
(1) service without application through
Article 10: diplomatic and consular channels (Art.
8)
Provided the State of destination does not object, the (2) freedom of service provided under Art.
present Convention shall not interfere with – 10
a) the freedom to send judicial documents, by b) declarations of a contracting state that:
postal channels, directly to persons abroad, (1) its judges are competent to render
b) the freedom of judicial officers, officials or other judgement notwithstanding the
competent persons of the State of origin to absence of a certificate (Art. 15)
effect service of judicial documents directly (2) it will not entertain an application for
through the judicial officers, officials or other relief from the expiration of
competent persons of the State of destination, reglementary period of appeal (Art. 16)
c) the freedom of any person interested in a c) all modifications of the above designations,
judicial proceeding to effect service of judicial oppositions and declarations.
documents directly through the judicial officers,
officials or other competent persons of the State
of destination. Service of judicial and extrajudicial documents amongst
contracting states of the convention: process

1. A request is made by a legally competent

Article 11: authority or judicial officer to the Central
The present Convention shall not prevent two or more Authority of the requested state (Art. 4)
Contracting States from agreeing to permit, for the (1) Conforming to the model of the present
purpose of service of judicial documents, channels of convention
transmission other than those provided for in the (2) The document attached to the request
preceding Articles and, in particular, direct (3) Both document and request furnished
communication between their respective authorities. in the duplicate
▪ Such request shall be exempt from Legalisation
or other equivalent formality
Article 13:
Note: Art. 8
Where a request for service complies with the terms of
Each Contracting State shall be free to effect service of
the present Convention, the State addressed may refuse
judicial documents upon persons abroad, without
to comply therewith only if it deems that compliance
application of any compulsion, directly through its
would infringe its sovereignty or security. It may not
diplomatic or consular agents. Any State may declare
refuse to comply solely on the ground that, under its
that it is opposed to such service within its territory,
internal law, it claims exclusive jurisdiction over the
unless the document is to be served upon a national of Requisites:
the State in which the documents originate.
a) the document was served by a method
prescribed by the internal law of the State
addressed for the service of documents in
2. Service of the document by the Central
domestic actions upon persons who are within
Authority (Art. 5)
its territory, or
(1) By itself, or
b) the document was actually delivered to the
▪ May be served in the country’s official
defendant or to his residence by another
language(s), or with a translation
method provided for by this Convention,
(2) By an arrangement through an
appropriate agency, either and that in either of these cases the service or the
a. by a method prescribed by its internal law for delivery was effected in sufficient time to enable the
the service of documents in domestic actions defendant to defend.
upon persons who are within its territory, or
b. by a particular method requested by the
applicant, unless such a method is incompatible 2. Contacting states declaring that a judge may
with the law of the State addressed. give judgement, even in the absence of a
▪ [for par. b] the document may always be served certificate
by delivery to an addressee who accepts it
voluntarily. Requisites:
▪ Service not subject to payment or a) the document was transmitted by one of the
reimbursement of taxes or costs; except (Art. methods provided for in this Convention
12) b) a period of time of not less than six months,
(1) Employment of a judicial officer, as considered adequate by the judge in the
provided by the law of the state of particular case, has elapsed since the date of
destination the transmission of the document
(2) The use of a particular method of c) no certificate of any kind has been received,
service even though every reasonable effort has been
▪ Difficulties in transmission shall be settled made to obtain it through the competent
through diplomatic channels (Art. 14) authorities of the State addressed

Notwithstanding the provisions of the preceding

3. The Central Authority or authority otherwise paragraphs the judge may order, in case of urgency, any
designated completes a certificate in the model provisional or protective measures.
of the present convention; then forwarded to
the applicant. It contains (Art. 6)
(1) Place and date of service Art. 16:
(2) The person whom it was delivered When a court can relieve a person from the expiration
(3) [if not delivered] reasons that of period in which to file an appeal (from being barred
prevented the service to file an appeal due to the expiration of the
▪ Applicants may require to have an authority reglementary period for filing)
countersign an incomplete certificate
▪ Certificates are written in either Requisites:
(1) French or English
a) the defendant, without any fault on his part, did
(2) Original language(s) of the requesting
not have knowledge of the document in
state
sufficient time to defend, or knowledge of the
▪ Certificates are filled out in either French or
judgment in sufficient time to appeal, and
English (Art. 7)
b) the defendant has disclosed a prima facie
defence to the action on the merits.
▪ The application for relief may not be
entertained if not filed in 1 year from the date
Art. 15: of judgement
▪ This Article shall not apply to judgments
1. rendering judgement in cases where summons concerning status or capacity of persons.
had been transmitted, but the defendant did
not appear
Art. 20: Provisions subject to agreement between the
contracting states

a) 2nd par. Art. 3: annexation of the document in

the request and the service of both
b) 3rd pars. Art. 5 and 7:
(1) Requiring the service of the document
be made in the, or translated in the
official language(s) of the requested
state
(2) Language in filling the certificate
c) 4th par. Art. 5: service of the summary of the
document contained in the request
d) 2nd par. Art. 12: payment or reimbursement of
taxes or costs in the service of the document

Article 30

The present Convention shall remain in force for five

years from the date of its entry into force in accordance
with the first paragraph of Article 27, even for States
which have ratified it or acceded to it subsequently. If
there has been no denunciation, it shall be renewed
tacitly every five years. Any denunciation shall be
notified to the Ministry of Foreign Affairs of the
Netherlands at least six months before the end of the
five year period. It may be limited to certain of the
territories to which the Convention applies. The
denunciation shall have effect only as regards the State
which has notified it. The Convention shall remain in
force for the other Contracting States.
CONVENTION ON THE RECOGNITION AND territories or lines of commerce, and where
ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL OR such conduct and its effect both occurred in the
COMMERCIAL MATTERS State of origin
(q) sovereign debt restructuring through unilateral
July 2, 2019
State measures

Article 1: Scope
3. This Convention shall not apply to arbitration
1. This Convention shall apply to the recognition and and related proceedings
enforcement of judgments in civil or commercial
matters. It shall not extend in particular to revenue,
customs or administrative matters. Article 7 Refusal of recognition and enforcement

2. This Convention shall apply to the recognition and 1. Recognition or enforcement may be refused if –
enforcement in one Contracting State of a judgment
(a) the document which instituted the proceedings
given by a court of another Contracting State.
or an equivalent document, including a
statement of the essential elements of the claim
–
JUDGEMENTS THAT CANNOT BE RECOGNIZED AND
(i) was not notified to the defendant in
ENFORCED
sufficient time and in such a way as to
Article 2: Exclusions from scope enable them to arrange for their
defence, unless the defendant entered
1. an appearance and presented their case
(a) the status and legal capacity of natural persons without contesting notification in the
(b) maintenance obligations court of origin, provided that the law of
(c) other family law matters, including matrimonial the State of origin permitted
property regimes and other rights or obligations notification to be contested; or
arising out of marriage or similar relationships (ii) was notified to the defendant in the
(d) wills and succession requested State in a manner that is
(e) insolvency, composition, resolution of financial incompatible with fundamental
institutions, and analogous matters principles of the requested State
(f) the carriage of passengers and goods concerning service of documents;
(g) transboundary marine pollution, marine (b) the judgment was obtained by fraud
pollution in areas beyond national jurisdiction, (c) recognition or enforcement would be manifestly
ship source marine pollution, limitation of incompatible with the public policy of the
liability for maritime claims, and general requested State, including situations where the
average specific proceedings leading to the judgment
(h) liability for nuclear damage were incompatible with fundamental principles
(i) the validity, nullity, or dissolution of legal of procedural fairness of that State and
persons or associations of natural or legal situations involving infringements of security or
persons, and the validity of decisions of their sovereignty of that State
organs (d) the proceedings in the court of origin were
(j) the validity of entries in public registers contrary to an agreement, or a designation in a
(k) defamation trust instrument, under which the dispute in
(l) privacy question was to be determined in a court of a
(m) intellectual property State other than the State of origin
(n) activities of armed forces, including the (e) the judgment is inconsistent with a judgment
activities of their personnel in the exercise of given by a court of the requested State in a
their official duties dispute between the same parties; or
(o) law enforcement activities, including the (f) the judgment is inconsistent with an earlier
activities of law enforcement personnel in the judgment given by a court of another State
exercise of their official duties between the same parties on the same subject
(p) anti-trust (competition) matters, except where matter, provided that the earlier judgment fulfils
the judgment is based on conduct that the conditions necessary for its recognition in
constitutes an anti-competitive agreement or the requested State.
concerted practice among actual or potential
competitors to fix prices, make rigged bids,
establish output restrictions or quotas, or divide
markets by allocating customers, suppliers,
Article 8 Preliminary questions Article 19 Declarations with respect to judgments
pertaining to a State
2. Recognition or enforcement of a judgment may be
refused if, and to the extent that, the judgment was 1. A State may declare that it shall not apply this
based on a ruling on a matter to which this Convention Convention to judgments arising from proceedings to
does not apply, or on a matter referred to in Article 6 on which any of the following is a party –
which a court of a State other than the State referred to
(a) that State, or a natural person acting for that
in that Article ruled.
State; or
(b) a government agency of that State, or a natural
person acting for such a government agency.
Article 10 Damages
2. Recognition or enforcement of a judgment given by a
1. Recognition or enforcement of a judgment may be
court of a State that made a declaration pursuant to
refused if, and to the extent that, the judgment awards
paragraph 1 may be refused if the judgment arose from
damages, including exemplary or punitive damages, that
proceedings to which either the State that made the
do not compensate a party for actual loss or harm
declaration or the requested State, one of their
suffered.
government agencies or a natural person acting for
2. The court addressed shall take into account whether either of them is a party, to the same extent as specified
and to what extent the damages awarded by the court in the declaration.
of origin serve to cover costs and expenses relating to
the proceedings.
Art. 22: Non-unified legal systems

Par. 3: A court in a territorial unit of a Contracting State

Article 16 Transitional provision
with two or more territorial units in which different
This Convention shall apply to the recognition and systems of law apply shall not be bound to recognise or
enforcement of judgments if, at the time the enforce a judgment from another Contracting State
proceedings were instituted in the State of origin, the solely because the judgment has been recognised or
Convention had effect between that State and the enforced in another territorial unit of the same
requested State. Contracting State under this Convention.

Article 17 Declarations limiting recognition and JUDGEMENTS WHOSE RECOGNITION AND

enforcement ENFORCEMENT CAN BE POSTPONED OR REFUSED

A State may declare that its courts may refuse to Art. 4 par. 4: General provisions:
recognise or enforce a judgment given by a court of
Recognition or enforcement may be postponed or
another Contracting State if the parties were resident in
refused if the judgment referred to under paragraph 3 is
the requested State, and the relationship of the parties
the subject of review in the State of origin or if the time
and all other elements relevant to the dispute, other
limit for seeking ordinary review has not expired. A
than the location of the court of origin, were connected
refusal does not prevent a subsequent application for
only with the requested State.
recognition or enforcement of the judgment.

Art. 7 par. 2: refusal of recognition and enforcement

Article 18 Declarations with respect to specific matters
Recognition or enforcement may be postponed or
Par 1: Where a State has a strong interest in not refused if proceedings between the same parties on the
applying this Convention to a specific matter, that State same subject matter are pending before a court of the
may declare that it will not apply the Convention to that requested State, where –
matter.
(a) the court of the requested State was seised before
Par. 2: the convention on the declared matter shall not the court of origin; and
apply
(b) there is a close connection between the dispute and
(a) in the Contracting State that made the the requested State. A refusal under this paragraph does
declaration not prevent a subsequent application for recognition or
(b) in other Contracting States, where recognition enforcement of the judgment.
or enforcement of a judgment given by a court
of a Contracting State that made the declaration
is sought CHAPTER II – RECOGNITION AND ENFORCEMENT
Article 5: Bases for recognition and enforcement damage to or loss of tangible property, and the
act or omission directly causing such harm
1. A judgment is eligible for recognition and
occurred in the State of origin, irrespective of
enforcement if one of the following
where that harm occurred
requirements is met:
(k) the judgment concerns the validity,
(a) the person against whom recognition or
construction, effects, administration or variation
enforcement is sought was habitually resident in
of a trust created voluntarily and evidenced in
the State of origin at the time that person
writing, and –
became a party to the proceedings in the court
(i) at the time the proceedings were instituted, the
of origin
State of origin was designated in the trust
(b) the natural person against whom recognition or
instrument as a State in the courts of which
enforcement is sought had their principal place
disputes about such matters are to be
of business in the State of origin at the time that
determined; or
person became a party to the proceedings in
(ii) at the time the proceedings were instituted, the
the court of origin and the claim on which the
State of origin was expressly or impliedly
judgment is based arose out of the activities of
designated in the trust instrument as the State
that business
in which the principal place of administration of
(c) the person against whom recognition or
the trust is situated
enforcement is sought is the person that
brought the claim, other than a counterclaim, This sub-paragraph only applies to judgments regarding
on which the judgment is based internal aspects of a trust between persons who are or
(d) the defendant maintained a branch, agency, or were within the trust relationship;
other establishment without separate legal
(l) the judgment ruled on a counterclaim
personality in the State of origin at the time that
(i) o the extent that it was in favour of the
person became a party to the proceedings in
counterclaimant, provided that the
the court of origin, and the claim on which the
counterclaim arose out of the same
judgment is based arose out of the activities of
transaction or occurrence as the claim;
that branch, agency, or establishment
or
(e) the defendant expressly consented to the
(ii) to the extent that it was against the
jurisdiction of the court of origin in the course
counterclaimant, unless the law of the
of the proceedings in which the judgment was
State of origin required the
given
counterclaim to be filed in order to
(f) the defendant argued on the merits before the
avoid preclusion;
court of origin without contesting jurisdiction
(m) the judgment was given by a court designated in
within the timeframe provided in the law of the
an agreement concluded or documented in
State of origin, unless it is evident that an
writing or by any other means of
objection to jurisdiction or to the exercise of
communication which renders information
jurisdiction would not have succeeded under
accessible so as to be usable for subsequent
that law
reference, other than an exclusive choice of
(g) the judgment ruled on a contractual obligation
court agreement.
and it was given by a court of the State in which
performance of that obligation took place, or For the purposes of this sub-paragraph, an “exclusive
should have taken place, in accordance with: choice of court agreement” means an agreement
(i) the judgment ruled on a contractual obligation concluded by two or more parties that designates, for
and it was given by a court of the State in which the purpose of deciding disputes which have arisen or
performance of that obligation took place, or may arise in connection with a particular legal
should have taken place, in accordance with relationship, the courts of one State or one or more
(ii) the law applicable to the contract, in the specific courts of one State to the exclusion of the
absence of an agreed place of performance jurisdiction of any other courts.
(h) the judgment ruled on a lease of immovable
property (tenancy) and it was given by a court
of the State in which the property is situated ▪ 2. If recognition or enforcement is sought
(i) the judgment ruled against the defendant on a against a natural person acting primarily for
contractual obligation secured by a right in rem personal, family or household purposes (a
in immovable property located in the State of consumer) in matters relating to a consumer
origin, if the contractual claim was brought contract, or against an employee in matters
together with a claim against the same relating to the employee’s contract of
defendant relating to that right in rem employment –
(j) the judgment ruled on a non-contractual
obligation arising from death, physical injury,
 (a) paragraph 1(e) applies only if the consent was otherwise. The court of the requested State shall act
addressed to the court, orally or in writing; expeditiously. (repeated in Art. 15: recognition and
(b) paragraph 1(f), (g) and (m) do not apply enforcement under national law)

Par. 2 The court of the requested State shall not refuse

the recognition or enforcement of a judgment under
▪ 3. Paragraph 1 does not apply to a judgment
this Convention on the ground that recognition or
that ruled on a residential lease of immovable
enforcement should be sought in another State.
property (tenancy) or ruled on the registration
of immovable property. Such a judgment is
eligible for recognition and enforcement only if
Article 12 Documents to be produced
it was given by a court of the State where the
property is situated. 1. The party seeking recognition or applying for
enforcement shall produce –

(a) a complete and certified copy of the judgment

Article 6 Exclusive basis for recognition and
(b) if the judgment was given by default, the
enforcement
original or a certified copy of a document
Notwithstanding Article 5, a judgment that ruled on establishing that the document which instituted
rights in rem in immovable property shall be the proceedings or an equivalent document was
recognised and enforced if and only if the property is notified to the defaulting party
situated in the State of origin. (c) any documents necessary to establish that the
judgment has effect or, where applicable, is
enforceable in the State of origin
Article 11 Judicial settlements (transactions judiciaires) (d) in the case referred to in Article 11, a certificate
Judicial settlements (transactions judiciaires) which a of a court (including an officer of the court) of
court of a Contracting State has approved, or which the State of origin stating that the judicial
have been concluded in the course of proceedings settlement or a part of it is enforceable in the
before a court of a Contracting State, and which are same manner as a judgment in the State of
enforceable in the same manner as a judgment in the origin
State of origin, shall be enforced under this Convention
Par 2: If the terms of the judgment do not permit the
in the same manner as a judgment.
court addressed to verify whether the conditions of this
Chapter have been complied with, that court may
require any necessary documents.
NATURE OF PROCEEDINGS FOR RECOGNITION AND
ENFORCEMENT OF JUDGEMENTS Par 3: allows submission of documents in the form
recommended and published by the Hague Conference
Art. 4: General Provisions on Private International Law.
Par. 2: There shall be no review of the merits of the ▪ par. 4: Documents must be accompanied by
judgment in the requested State certified translations in the official language(s)
Par. 3: A judgment shall be recognised only if it has of the requested state, unless the latter’s laws
effect in the State of origin, and shall be enforced only if do not require this
it is enforceable in the State of origin.

Art. 14: Costs of Proceedings

Art. 9: Severability No security, bond or deposit, however described, shall
Recognition or enforcement of a severable part of a be required from a party who in one Contracting State
judgment shall be granted where recognition or applies for enforcement of a judgment given by a court
enforcement of that part is applied for, or only part of of another Contracting State on the sole ground that
the judgment is capable of being recognised or enforced such party is a foreign national or is not domiciled or
under this Convention. resident in the State in which enforcement is sought.

▪ Par. 2: Order of payment of costs or expenses of

proceedings against persons exempted by par 1
Art. 13: Procedure or by the law of the state of institution shall be
Par 1: The procedure for recognition, declaration of enforceable in any other contracting state
enforceability or registration for enforcement, and the ▪ Par. 3: A State may declare that it shall not apply
enforcement of the judgment, are governed by the law paragraph 1 or designate by a declaration which
of the requested State unless this Convention provides of its courts shall not apply paragraph 1.
 during which notifications may be made in
accordance with Article 29(2) with respect to
Article 22 Non-unified legal systems
that State;
1. In relation to a Contracting State in which two or (b) for a territorial unit to which this Convention
more systems of law apply in different territorial units has been extended in accordance with Article
with regard to any matter dealt with in this Convention 25 after the Convention has entered into force
– for the State making the declaration, on the first
day of the month following the expiration of
(a) any reference to the law or procedure of a State three months after the notification of the
shall be construed as referring, where declaration referred to in that Article.
appropriate, to the law or procedure in force in
the relevant territorial unit
(b) any reference to the court or courts of a State
Article 29 Establishment of relations pursuant to the
shall be construed as referring, where
Convention
appropriate, to the court or courts in the
relevant territorial unit 1. This Convention shall have effect between two
(c) any reference to a connection with a State shall Contracting States only if neither of them has notified
be construed as referring, where appropriate, to the depositary regarding the other in accordance with
a connection with the relevant territorial unit paragraph 2 or 3. In the absence of such a notification,
(d) any reference to a connecting factor in relation the Convention has effect between two Contracting
to a State shall be construed as referring, where States from the first day of the month following the
appropriate, to that connecting factor in relation expiration of the period during which notifications may
to the relevant territorial unit be made.

2. A Contracting State may notify the depositary, within

12 months after the date of the notification by the
▪ Par. 4: This Article shall not apply to Regional
depositary referred to in Article 32(a), that the
Economic Integration Organisations.
ratification, acceptance, approval or accession of
another State shall not have the effect of establishing
relations between the two States pursuant to this
Article 25 Declarations with respect to non-unified legal Convention.
systems
3. A State may notify the depositary, upon the deposit of
1. f a State has two or more territorial units in which its instrument pursuant to Article 24(4), that its
different systems of law apply in relation to matters ratification, acceptance, approval or accession shall not
dealt with in this Convention, it may declare that the have the effect of establishing relations with a
Convention shall extend to all its territorial units or only Contracting State pursuant to this Convention.
to one or more of them. Such a declaration shall state
expressly the territorial units to which the Convention 4. A Contracting State may at any time withdraw a
applies. notification that it has made under paragraph 2 or 3.
Such a withdrawal shall take effect on the first day of the
2. If a State makes no declaration under this Article, the month following the expiration of three months
Convention shall extend to all territorial units of that following the date of notification.
State.

3. If a State makes no declaration under this Article, the

Convention shall extend to all territorial units of that Article 31 Denunciation
State.
1. A Contracting State to this Convention may denounce
Article 28 Entry into force it by a notification in writing addressed to the
depositary. The denunciation may be limited to certain
1. This Convention shall enter into force on the first day territorial units of a non-unified legal system to which
of the month following the expiration of the period this Convention applies.
during which a notification may be made in accordance
with Article 29(2) with respect to the second State that 2. The denunciation shall take effect on the first day of
has deposited its instrument of ratification, acceptance, the month following the expiration of 12 months after
approval or accession referred to in Article 24. the date on which the notification is received by the
depositary. Where a longer period for the denunciation
2. Thereafter this Convention shall enter into force – to take effect is specified in the notification, the
(a) for each State subsequently ratifying, accepting, denunciation shall take effect upon the expiration of
approving or acceding to it, on the first day of such longer period after the date on which the
the month following the expiration of the period notification is received by the depositary.
Article 32 Notifications by the depositary

The depositary shall notify the Members of the Hague

Conference on Private International Law, and other
States and Regional Economic Integration Organisations
which have signed, ratified, accepted, approved or
acceded to this Convention in accordance with Articles
24, 26 and 27 of the following –

(a) the signatures, ratifications, acceptances,

approvals and accessions referred to in Articles
24, 26 and 27;
(b) the date on which this Convention enters into
force in accordance with Article 28
(c) the notifications, declarations, modifications
and withdrawals referred to in Articles 26, 27,
29 and 30; and
(d) the denunciations referred to in Article 31
WARWAW CONVENTION AS AMENDED AT THE HAGUE General provisions:
1955, AND PROTOCOL NO. 4 OF MONTREAL 1975
1. The documents of carriage shall constitute prima
February 13, 1933 facie evidence of the conclusion and conditions of the
contract

▪ For air waybills or receipts

Article 1: Scope
Prima facie evidence of the facts: statements on the
Par 2.: International carriage- means any carriage in
weight, dimensions and packaging; as well as the
which, according to the agreement between the parties,
number of cargo
the place of departure and the place of destination,
whether or not there be a break in the carriage or a Evidence that the packages have been check in the
transshipment, are situated either within the territories cosignor’s presence or their apparent condition:
of two High Contracting Parties or within the territory of statements on quantity, volume, and condition
a single High Contracting Party if there is an agreed
2. The absence, irregularity or loss of the document of
stopping place within the territory of another State,
carriage does not affect the existence or the validity of
even if that State is not a High Contracting Party.
the contract of carriage
• Par 1: It applies equally to gratuitous carriage by
3. [For Passenger Ticket and Baggage Check; if the
aircraft performed by an air transport
journey involves an ultimate destination or stop in a
undertaking.
country other than the country of departure] Carriers
• Par. 2: Carriage between two points within the
must provide a notice therein that the Warsaw
territory of a single High Contracting Party
Convention may be applicable and in most cases limits
without an agreed stopping place within the
liability of carriers for death or personal injury and in
territory of another State is not international
respect to loss to baggage
carriage for the purposes of this Convention.
• Par. 3: Carriage performed by several carriers ▪ Failure to indicate said notice bars carriers from
considered as one undivided carriage if limiting their liability as provided in Art. 22;
regarded by the parties as a single operation even in cases where the passenger willingly
• Par. 3: Carriage does not lose international embarks without a passenger ticket, or a carrier
character just because a contract(s) is takes charge of a baggage without a baggage
performed in one state check
• Art. 2 par. 2: This Convention shall not apply to
carriage of mail and postal packages
Contents:

A. Passenger Ticket and Baggage Check

Art. 2: The Convention applies to carriage performed by
a) An indication of the places of departure and
the State or by legally constituted public bodies
destination
provided it falls within the conditions laid down in
b) An indication of at least one stopping place; if
Article 1.
the places of departure and destination are
within the territory of a single High Contracting
Party, one or more agreed stopping places being
Chapter II Documents of Carriage within the territory of another state
1. Passenger Ticket (Section I) c) a notice therein that the Warsaw Convention
may be applicable and in most cases limits
2. Baggage check (Section II) liability of carriers for death or personal injury
3. air waybill (Section III) and in respect to loss to baggage; if the journey
involves an ultimate destination or stop in a
country other than the country of departure

B. Air waybill

Art. 8:

1. The air waybill and the receipt for the cargo shall
contain

a) An indication of the places of departure and

destination
 b) An indication of at least one stopping place; if b) One marked “for the cosignee,” to be signed by
the places of departure and destination are the cosignor and the carrier
within the territory of a single High Contracting c) One signed by the carrier and handed to the
Party, one or more agreed stopping places being cosignor after the cargo has been accepted
within the territory of another state ▪ Par. 3: Signatures of the carrier and cosignor
c) An indication of the weight of the consignment may be printed or stamped

Note: Art. 5 2. Art. 10 par. 1: the cosignor is responsible for the

correctness of the particulars and statements relating to
Par. 2: carriers may use other means besides an air
the cargo…in the airwaybill, their insertion in the
waybill to preserve the record of carriage. At the
receipt, or their insertion jn the record of carriage
request of the cosignor, the carrier shall deliver a
provided under par. 2 Sec. 5 (other means)
receipt, allowing identification of consignment and
access to information 3. Art. 10 pars. 3 and 4: to be liable for damages
resulting from the irregularity, in correctness, or
Par. 3: carriers cannot refuse cargo for carriage,
incompleteness of the particulars and statements either
notwithstanding that it cannot use other means to
furnished by the cosignor, or inserted by the carrier in
preserve the record of carriage at points of transit and
the receipt; or done on their behalf.
destination
4. Art. 16 par. 1: the cosignor must furnish such
Art. 7:
information and such documents as are necessary to
When there is more than one package meet the formalities of customs, octroi, or police before
the cargo can be delivered to the cosignee
a) The carrier of the cargo has the right to require
the cosignor to make out separate air waybills ▪ Absence, insufficiency, or irregularity of such
b) The cosignor has the right to require the carrier information will give rise to liability for damages
to deliver separate receipts when the other against the cosignor; unless damage is due to
means referred to par. 2 Art. 5 are used the fault of the carrier, his agents or servants
o Art. 16 par 2: the carrier is under no
obligation to inquire into the
Rights of the cosignor correctness of such information or
documets
1. Art. 12 par 1:The right to dispose the cargo by either

a) Withdrawing it at the airport of departure or

destination Obligations of the carrier:
b) Stipping it in the course of the journey on any 1. Art. 5 par. 2: In case carriers use other means other
land than an air waybill to preserve the record of carriage:
c) Calling for it to be delivered at the place of
destination…or to a person other than the At the request of the cosignor, the carrier shall deliver a
cosignee orginally designated receipt, allowing identification of consignment and
d) Requiring it to be returned to the airport of access to information
departure
▪ Provided that in exercising this right:
o There is no prejudice to the carrier or 2. Art. 12 par. 2: If the cosignor exercises the right to
other cosignors dispose the cargo, and such orders are impossible to
o He must repay the expenses carry out: inform the cosignor forthwith
▪ Par. 4: this right ceases when the cosignee
demands cosignor to deliver the cargo to him
upon arrival at the place of destimation 3. Art. 13 par. 2: to notify the cosignee as soon as the
o The right resumes should the cosignee cargo arrives
declines to accept the cargo

4. Art. 13 par. 4: to be liable for damages resulting from

Obligations of the cosignor
a) its admission of a loss cargo, or
1. Art. 6 Par. 1: The air waybill shall be made out by the b) delay of arrival of seven days from the date the
cosginor in three original parts cargo ought to arrive
a) One marked “for the carrier,” to be signed by 5. To be liable for damages outlined in Chapter III
the cosignor