1 / 18

2nd Global Shipping Summit 23-24 November 2007, Shenzhen, China, Multimodal Transport : International Regulation of Lia

2nd Global Shipping Summit 23-24 November 2007, Shenzhen, China, Multimodal Transport : International Regulation of Liability D r. Mahin Faghfouri Multimodal Transport: International regulation of liability I. Commercial significance of multimodal transport

paul2
Download Presentation

2nd Global Shipping Summit 23-24 November 2007, Shenzhen, China, Multimodal Transport : International Regulation of Lia

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. 2nd Global Shipping Summit23-24 November 2007, Shenzhen, China, Multimodal Transport: International Regulation of Liability Dr. Mahin Faghfouri

  2. Multimodal Transport: International regulation of liability I. Commercial significance of multimodal transport II. Attempts to develop a uniform legal regime at international level III. Current international liability framework and problems IV. On-going developments: UNCITRAL Draft Convention on the Carriage of Goods[Wholly or Partly] [By Sea]

  3. 1. Commercial significance of multimodal transport 1. What is multimodal transport? • No single authoritative definition • carriage by two or more modes of transport • door-to-door transport • one contract with one party assuming responsibility throughout • one document • terms also used: intermodal transport, combined transport 2. Growth in world containerized trade

  4. Growth in World Containerised Trade Source:Clarkson Research Services, Shipping Review Database, Spring 2007, Page 101.

  5. Containerised Trade: Forecast Source: Drewry Shipping Consultant

  6. II. Attempts at establishing a uniform legal regime at international level 1.1980 UN Convention on Multimodal Transport Not in force 2. 1992 UNCTAD/ICC Rules for Multimodal Transport Documents - need to be incorporated into contract - give precedence to mandatory law

  7. III. Current liability framework: • No MT Convention in force • National/regional/subregional laws and regulations on multimodal transport • Localized loss: unimodal conventions on carriage by sea, road, rail, air (if applicable) • Standard term contracts (e.g. FIATA FBL 92, BIMCO MULTIDOC 95)

  8. Problems Liability varies depending on: - stage of transport where loss or damage occur - applicable regime - causes of loss or damage Diversity of approach on key issues: e.g. liability basis, delay, limitation and time-bar

  9. Summary • Multimodal transport is growing exponentially • Current legal framework • is fragmented and liability cannot be assessed in advance • is too complex and may not be cost effective • The proliferation of regional, subregional and national solutions further adds to complexity

  10. IV. On-going developments:UNCITRAL Draft Convention on the Carriage of Goods [Wholly or Partly] [By Sea] • application tosea transport and multimodal transport [MT] including a sea leg • based on maritime concepts and existing maritime liability regimes, - but with significant changes in structure, substance and approach • it is extremely lengthy and complex (100 articles) only 3 arts. relate to MT: art. 1(1), 26 and [62(2)] (It is expected that a new convention will be adopted in 2008)

  11. Suitability of the Draft Convention to govern modern multimodal transport? Central questions: • one party responsible throughout? • do the same liability rules apply throughout?

  12. 1. One party responsible throughout? Period of responsibility: receipt to delivery(art.11)But: - time and location of receipt/delivery may be contractually determined Also: Carrier issuing transport document may not be responsible: - for parts of the carriage (art.12) - for functions such as loading, stowage and discharge (art. 14(2))

  13. 1. One party responsible throughout? Thus, carrier mayonly be responsible: - During the period of responsibility as contractually defined - for parts of the multimodal transport, and - for some of a carrier’s functions Cargo interests may need to sue another carrier Particular problems for MT shipper/consignee

  14. 2. Do the same liability rules apply throughout? Liability system:“modified network system” If loss is localized: -Draft Convention gives precedence to certainmandatory provisions of any international convention applicable to the segment of transport where loss or damage occurred Also: - A a Contracting State may apply its mandatory national law by means of declaration

  15. Thus, applicable rules vary If loss is localized • provisions on liability, limitation of liability, time for suit of any applicable international unimodal convention or national law apply • Plus remainder of Draft Convention

  16. And For non-localized loss or where no convention or national law applicable • Maritime liability regime of Draft Convention applies • Irrespective of how short the sea leg and how long the land leg may be

  17. Conclusions? Improvement of status quo? Thank you President@immta.org

  18. For further information see: UNCTAD Documents: (www.unctad.org/ttl/legal) - Commentary on Draft Instrument on Transport Law (UNCTAD/SDTE/TLB/4) - Multimodal Transport: The Feasibility of An International Legal Instrument (UNCTAD/SDTE/TLB/2003/1) - Implementation of Multimodal Transport Rules (UNCTAD/SDTE/TLB/2 and Add.1) UNCITRAL Documents: (www.uncitral.org - Working Group III) - Preparation of a Draft Instrument on Carriage of Goods by Sea A/CN.9/WG.III/WP.21, 32, 36, 39, 56 & 81(2007 draft) - IMMTA submission: A/CN.9/WG.III/WP.97 See also: Mahin Faghfouri, International Regulation of Liability for Multimodal Transport, WMU Journal of Maritime Affairs, April 2006.

More Related