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Marine Liability Act

Version of section 46 from 2003-01-01 to 2023-06-21:

Marginal note:Claims not subject to Hamburg Rules

  •  (1) If a contract for the carriage of goods by water to which the Hamburg Rules do not apply provides for the adjudication or arbitration of claims arising under the contract in a place other than Canada, a claimant may institute judicial or arbitral proceedings in a court or arbitral tribunal in Canada that would be competent to determine the claim if the contract had referred the claim to Canada, where

    • (a) the actual port of loading or discharge, or the intended port of loading or discharge under the contract, is in Canada;

    • (b) the person against whom the claim is made resides or has a place of business, branch or agency in Canada; or

    • (c) the contract was made in Canada.

  • Marginal note:Agreement to designate

    (2) Notwithstanding subsection (1), the parties to a contract referred to in that subsection may, after a claim arises under the contract, designate by agreement the place where the claimant may institute judicial or arbitral proceedings.

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