Rotterdam Rules: A Practical Annotation

Yvonne Baatz; Charles Debattista; Filippo Lorenzon; Andrew Serdy; Hilton Staniland; Michael Tsimplis

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9 Delivery of the Goods

Article 43. Obligation to accept delivery

When the goods have arrived at their destination, the consignee that demands delivery of the goods under the contract of carriage shall accept delivery of the goods at the time or within the time period and at the location agreed in the contract of carriage or, failing such agreement, at the time and location at which, having regard to the terms of the contract, the customs, usages or practices of the trade and the circumstances of the carriage, delivery could reasonably be expected.

NOTES

[43-01] Duty to accept delivery under current English law. English law does not currently impose on the consignee an explicit duty, vis-à-vis the carrier, to accept delivery of the goods. There is no such duty in COGSA 1971. Neither does COGSA 1992 explicitly impose such a duty, although, as will be seen further below in this Note, section 3 of that Act does, in certain circumstances, impose upon the consignee liabilities under the contract of carriage which may include an express term imposing a duty to accept delivery of the goods.

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