- •Table of Cases
- •Table of Statutes
- •Table of Statutory Instruments
- •Table of European Legislations
- •Table of Statutes and Other Instruments
- •Table of Abbreviations
- •Preface
- •Introduction
- •Overview
- •1 Standard Trade Terms
- •Introduction
- •Ex works
- •CIF contracts
- •CIF contracts under INCOTERMS 2010
- •C&F contracts
- •C&F and INCOTERMS
- •FOB contracts
- •Variants of an FOB contract
- •FAS contracts
- •Conclusion
- •Further reading
- •2 The Vienna Convention on the International Sale of Goods 1980
- •Introduction
- •The Vienna Convention
- •Conclusion: Recent international initiatives
- •Further reading
- •Overview
- •Introduction
- •Policy considerations, e-commerce and international regulatory measures
- •Electronic data interchange (EDI) and interchange agreements
- •UNCITRAL model law on e-commerce
- •Other international initiatives – the International Chamber of Commerce
- •The EU directive on e-commerce
- •The United Nations Convention on the use of electronic communications in international contracts
- •Conclusion
- •Further reading
- •Introduction
- •Electronic signatures and UNCITRAL
- •The EU directive on electronic signatures and the UK legislation: Electronic Communications Act 2000 and the Electronic Signatures Regulation 2002
- •Electronic medium and computer misuse
- •Conclusion: a bright future for e-commerce?
- •Further reading
- •Overview
- •Introduction
- •Types of charterparties
- •Common law implied obligations in a voyage charterparty
- •Common law immunities
- •Usual express terms
- •Conclusion
- •Further reading
- •6 Bills of Lading
- •Introduction
- •Nature of a bill of lading
- •Rights and liabilities of consignee/endorsee
- •The Carriage of Goods by Sea Act 1992
- •Bills of lading and fraud
- •Electronic data interchange (EDI) and the Carriage of Goods by Sea Act 1992
- •Conclusion
- •Further reading
- •7 Bills of Lading and Common Law
- •Introduction
- •Implied obligations on the part of the shipowner
- •Implied obligations on the part of the shipper
- •Common law exceptions
- •Contractual exceptions
- •Other terms in bills of lading
- •Conclusion
- •Further reading
- •Introduction
- •Limitation of liability
- •Scope of application
- •Contracting out
- •The future
- •Further reading
- •9 The Hamburg Rules and the Rotterdam Rules
- •Introduction
- •The Hamburg Rules
- •Scope of application
- •The Rotterdam Rules (The UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea)
- •Conclusion
- •Further reading
- •10 International Carriage of Goods by Air
- •Introduction
- •The Warsaw system
- •Approach to interpretation of the Warsaw Convention in the English courts
- •Scope of application of the Warsaw Convention (unamended and amended versions)
- •Contracting out
- •Documentary responsibilities
- •Air waybill and negotiability
- •Electronic data interchange (EDI) and the Warsaw regime
- •Carrier liability
- •Proceedings
- •The Montreal Convention
- •Further reading
- •11 International Carriage of Goods by Rail
- •Introduction
- •Interpretation of the CIM
- •Scope of application
- •Documentary responsibilities
- •Electronic data interchange (EDI) and the CIM rules
- •Contracting out
- •Proceedings
- •Conclusion
- •Further reading
- •12 International Carriage of Goods by Road
- •Introduction
- •Interpretation of the CMR by the English courts
- •Scope of application
- •Contracting out
- •Documentary responsibilities
- •Electronic data interchange (EDI) and the CMR
- •Proceedings
- •CMR – the future
- •Further reading
- •13 International Multimodal Transport
- •Introduction
- •Freight forwarder – agent or principal?
- •Fiata negotiable multimodal bill of lading
- •Conclusion
- •Further reading
- •Overview
- •14 Marine Insurance
- •Introduction
- •Scope and nature of marine insurance contracts
- •Principles of marine insurance law
- •Warranties on the part of the insured – implied and express
- •Deviation
- •Liability of insurer
- •Institute cargo clauses (A), (B) and (C)
- •Conclusion
- •Further reading
- •15 Letters of Credit
- •Introduction
- •Open account
- •Bills of exchange
- •Documentary bill
- •Letters of credit
- •Performance bonds/guarantees and standby letters of credit
- •Other means of minimising risk of non-payment
- •Conclusion
- •Further reading
- •Overview
- •16 Civil Jurisdiction
- •Introduction
- •Submission by appearance
- •Ordinary contracts
- •Tort claims
- •Ancillary jurisdiction
- •Jurisdiction clauses
- •Simultaneous actions
- •Interim relief
- •Conclusion
- •Further reading
- •17 Choice of Law
- •Introduction
- •The proper law – express choice
- •The proper law – implied choice
- •The proper law – closest connection
- •Particular issues
- •English public policy and overriding mandatory rules
- •Certain particular types of contract
- •Torts and restitutionary obligations
- •Conclusion
- •Further reading
- •18 Foreign Judgments
- •Introduction
- •European judgments
- •External judgments
- •Conclusion
- •Further reading
- •19 Arbitration
- •Introduction
- •Characteristics
- •Arbitration in international commercial contracts
- •Arbitration under English law
- •Foreign arbitral awards
- •Conclusion
- •Further reading
- •Introduction
- •International developments
- •Developments in England
- •Features and associated issues
- •Mediation online
- •The EU Directive on mediation in civil and commercial matters
- •Conclusion
- •Further reading
- •Overview
- •21 Fighting Corruption in International Business
- •Introduction
- •The OECD Convention
- •The OECD and the UK Bribery Act 2010
- •The UNCAC
- •Business codes of conduct
- •Conclusion
- •Further reading
- •Appendix 7
- •Index
372 | |
INTERNATIONAL CARRIAGE OF GOODS BY ROAD |
to go against common sense. As to why all these forced readings are needed is surprising when Art 32(1)(c) provides a tidy solution.
The limitation period applies to actions brought by the carrier as well. Actions by the carrier for freight, expenses incurred for carrying out instructions under Art 12 will fall within Art 32(1)(c).
The period of limitation is suspended where a written claim is sent to the carrier (Art 32(2)).117 However, once the carrier rejects the claim and returns all the documents attached to the claim, the suspension will no longer apply.118 Further claims on the same object will not operate to suspend the running of the period of limitation (Art 32(2)).
It would be possible for the parties to agree to extend the time limits imposed by the CMR after the claim has arisen. The question that is likely to pose a problem is whether an implicit agreement to extend the time limit will be acceptable. In some jurisdictions, it seems that this would be allowed.119
CMR – the future
Like the other transport conventions,120 the CMR is disappointing. It is inexhaustive, and central concepts are left undefined with the result that courts often resort to domestic law. For instance, delivery, central to carriage of goods, is undefined; and liability for loss or damage to goods occurring prior to taking over and delivery is not dealt with in the CMR. Given these and other shortcomings raised, it is fair to question the usefulness of international conventions in standardising the law.121 If an open-textured approach to drafting of conventions is the only way to attract states to become signatories to a convention, would it not be better to let harmonisation take place through uniform rules devised for the mercantile community by an international organisation it respects?
Further reading
Clarke, International Carriage of Goods by Road: CMR, 2009, Informa.
Hill, Messent and Glass, CMR: Contracts for the International Carriage of Goods by Road, 2000, LLP. Theunis (ed), International Carriage of Goods by Road (CMR), 1987, LLP.
117It seems that the claim does not have to be formal or for that matter quantified in England. See ICI Fibres Ltd v MAT Transport Ltd [1987] 1 Lloyd’s Rep 354; William Tatton v MAT Ferrymasters [1974] 1 Lloyd’s Rep 203; Moto Vespa v MAT [1979] 1 Lloyd’s Rep 175.
118See Microfine Minerals and Chemicals Ltd v Transferry Shipping Co Ltd [1991] 2 Lloyd’s Rep 630.
119Wetter, ‘The time-bar regulations in the CMR Convention’ [1979] LMCLQ 504.
120See Chapters 8, 9, 10, 11 and 13.
121See Clarke, ‘Doubts from the dark side – the case against codes’ [2001] JBL 605, for some thought-provoking views.