Lloyd's Maritime and Commercial Law Quarterly
THE PROBLEMS ARISING FROM MULTIMODAL TRANSPORT
Diana Faber*
This paper suggests that there is a good case for a new transport Convention which would replace all existing Conventions, apply to all modes of transport and to unimodal and multimodal contracts of carriage. The first part of the paper describes the nature of multimodal transport and sketches some of the different types of contract of carriage that may be used. Secondly, it looks at some of the commercial and technological developments to which it has given rise. The third part of the paper examines the problem which faces a claimant who wants to identify the party who is liable for loss of or damage to goods carried under a multimodal transport contract. Part IV looks at the difficulty of determining the liability regime which applies to such a claim. In Part V some less notorious but, arguably, equally important legal issues are discussed. Lastly the paper looks at some of the problems which may face a multimodal carrier who wishes to obtain rights of recourse against his sub-contractors.
1. THE NATURE OF MULTIMODAL TRANSPORT
This paper deals with problems arising when goods are carried from one place to another by different means of transport. Various expressions are used to describe this practice, these include: “multimodal”, “intermodal”, “combined” and “through” transport. It could be said that two of the phrases are legal terms of art which describe the different legal responsibilities of the person contracting with the owner of the goods. A combined transport contract is one under which the person contracting with the cargo interests undertakes legal responsibility for the entire transportation of the goods using different means of transport between the points named in the contract. Under this type of contract the cargo interests can claim against that person for damage to their goods which was caused at any point in the journey. Through transport contracts are those under which that person undertakes responsibility for the care of the goods only when he has control of them. He acts as agent for the cargo interests in entering into contracts with the carriers and others involved in the transportation.
The classic view of the job of a freight forwarder puts him in the category of a through transport contractor. He takes instructions from the cargo interests as to the pick-up point and destination of the goods; he then makes arrangements with carriers for the collection, carriage and delivery of the goods but those arrangements are made as agent of the cargo
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