Rotterdam Rules: A Practical Annotation
Rights of the Controlling Party
Article 50. Exercise and extent of right of control
The rights involved in the “right of control”. The “right of control” is defined at Article 1.12 as “the right under the contract of carriage to give the carrier instructions in respect of the goods in accordance with chapter 10”. The right to give instructions is further “limited” by the terms of Article 50.1 to three particular types of instruction in respect of the goods, relating broadly to the goods, their delivery en route, and the identity of the consignee.1 The “controlling party”, ie the person who can exercise the right of control, is defined at Article 1.13, but again by direct reference to Article 51, which itself defines the controlling party by reference to which of three types of document is issued, ie a negotiable transport document, a non-negotiable transport document and a non-negotiable transport document requiring surrender; the “controlling party” is also defined for the purposes of cases where an electronic transport record is issued.