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Article Comparison - Convention on Civil Liability for Damage Caused During Carriage of Dangerous Goods by Road, Rail and Inland Navigation Vessels

Article 10

1. The carrier shall not be entitled to limit his liability under this Convention if it is proved that the damage resulted from his personal act or omission or an act or omission of his servants or agents, committed with the intent to cause such damage or recklessly and with knowledge that such damage would probably result, provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment.

2. Where the carrier has a claim against the claimant arising out of the same incident, their respective claims shall be set off against each other and the provisions of this Convention shall apply to the balance, if any.

3. The carrier may invoke the right to limit his liability notwithstanding that a limitation fund as mentioned in article 11 has not been constituted.

4. If limitation of liability is invoked without the constitution of a limitation fund, the provisions of article 11, paragraphs 4 to 7 shall apply correspondingly.

5. Questions of procedure arising under the rules of this article shall be decided in accordance with the law of the State Party in which action is brought.