CMR: Contracts for the international carriage of goods by road

Andrew Messent and David A Glass

Document

Page 433

Index

Actions
- - against successive carrier, 11.62–11.74
- arbitration, 10.120–10.130
- counterclaims and rights of set-off, 10.119, 11.74
- duplication, 10.37–10.42
- jurisdiction, 10.21–10.50
- limitation. See Limitation of actions
- procedural aspects, 10.1–10.130
- security for costs, 10.50. See also Claims
Agency
- jurisdiction, 10.30–10.32
Agent
- carrier’s liability, 3.5–3.14
- forwarder as, 1.13–1.54
Agreement concerning the Carriage of Dangerous Goods by Road (ADR), 8.2–8.4, 8.9–8.10
Apportionment
- carrier’s liability, 6.107–6.110
- combined transport, 2.40
- successive carriers, 11.87–11.92, 11.105–11.112
Arbitration, 10.120–10.130
Arbitration Act 1975, 10.127, 10.129

Bailee, 1.5
Bill of lading, 2.30, 2.35
Brussels Convention on jurisdiction and enforcement of judgments 1968, 10.47–10.48
Burden of proof
- carrier’s liability, 6.13, 6.21, 6.27, 6.36, 6.85–6.103, 6.111–6.117
- condition of vehicle, 6.36–6.39
- delivery, fact of, 6.13
- handling, loading, stowage or unloading of goods, 6.85–6.103
- inherent vice, 6.27, 6.103
- parties to the contract, 1.44–1.45

Carriage
- containers, 2.8–2.11
- contract of. See Contract of carriage
- impossibility in relation to, 5.25–5.30
- livestock, 6.105–6.106
- performance of, 5.1–5.47
Carriage by Air and Road Act 1979, 0.2
Carriage of Goods by Road Act 1965, 0.1, 0.14
- arbitration proceedings, 10.125, 10.128, 10.130
- parties to the contract, 1.11
- Text, Appendix A
- voluntary adoption of the CMR Convention, 1.63
Carrier
- agents and servants, 3.5–3.14
- alternative arrangements between, 11.134–11.135
- direct action against other, 2.43
  - loss or damage not caused by act or omission of, 2.21–2.25
- reservations in consignment note, 4.24–4.31, 4.35, 6.79, 6.104
- sale of goods by, 5.43–5.47
- status as, 1.11–1.54, 3.3–3.4
- “two separate persons”, 2.41–2.42. See also Carrier’s liability See also Successive carriage
Carrier’s liability, 6.1–6.117
- agreed time limit, 7.2–7.4
- apportionment, 6.107–6.110
- avoidance of, 6.14–6.52
  - climatic conditions, 6.42
  - condition of vehicle, 6.36–6.39
  - inherent vice of goods, 6.25–6.27
  - instructions of claimant, 6.22–6.24
  - strikes, 6.52
  - theft and robbery, 6.43–6.51
  - traffic conditions, 6.40–6.41
  - unavoidable circumstances, 6.28–6.35
  - wrongful act or neglect of claimant, 6.15–6.21
- Page 434
  
  burden of proof, 6.13, 6.21, 6.27, 6.36, 6.85–6.103, 6.111–6.117
- cash on delivery, 7.30–>7.40
- defective condition of vehicle, 6.53–6.59
- defective or inadequate packing, 6.64–6.71
- defective packing by the sender, 6.78–6.80
- delay. See Delay
- delivery, 6.9–6.13
- force majeure, 6.4, 6.28–6.31
- handling, loading, stowage or unloading of goods by the sender, 6.72–6.103
- inadequate marks or numbers, 6.104
- inherent vice of goods, 6.25–6.27, 6.103
- livestock, carriage of, 6.105–6.106
Carrier’s liability—cont.
- nature of goods, 6.25–6.27, 6.95–6.103, 6.111
- negligence, 6.5
- no agreed time limit, 7.5–7.6
- non-delivery of goods, 7.11–7.29
- obligation to check loading and stowage, 4.31, 6.81–6.84
- open unsheeted vehicles, 6.61–6.63
- period of, 6.7–6.13
- refrigerated goods, 6.27, 6.96, 6.100–6.101
- special risks. See Special risks
- successive carrier, 3.11
- third parties, 3.1–3.14
  - agents and servants, 3.5
  - nature of liability, 3.12
  - other persons, 3.6–3.11
  - scope of employment, 3.13–3.14
Cas fortuit, 6.4
Case law
- CMR Convention, 0.18–0.20
- parties to the contract
  - the Continent, 1.46–1.53
  - England, 1.16–1.43
Cash on delivery, 7.30–7.40
- measure of damages, 7.36–7.40
- scope, 7.32–7.35
Channel Tunnel, 2.38–2.39
Cheques
- acceptance for payment of cash on delivery, 7.35
CIM Convention, 0.23, 2.30, 6.28
Claims
- arbitration, 10.120–10.130
- counterclaims and rights of set-off, 10.119, 11.74
- jurisdiction, 10.21–10.50
- limitation. See Limitation of actions
- practice, 10.18–10.19
- procedural aspects, 10.1–10.130
- reservations in respect of loss, damage or delay, 10.2–10.20
- security for costs, 10.50
- total loss, 10.20, 10.63–10.72
Clause paramount, 4.19
Climatic conditions, 6.42
CMR Convention
- and combined (multimodal) transport, 0.3, 2.1–2.44
- and national law, 0.24–0.37, 1.64
- case law, 0.18–0.20, 1.16–1.43, 1.46–1.53
- compatibility with Guadalajara Convention, 2.44
- derogation, 12.1–12.8
- French text, 0.14–0.17, Appendix B
- history, 0.1–0.3
- interpretation. See Interpretation
- modelled on the CIM Convention, 0.23, 6.28
- Protocol, 0.2
- scope of application, 1.1–1.64
- Text, Appendix A
- travaux preparatoires, 0.21
- voluntary adoption, 1.60–1.64
Combined (multimodal) transport, 0.3, 2.1–2.44
- apportionment of liability, 2.40
Combined (multimodal) transport—cont.
- carriage by container, 2.8–2.11
- Channel Tunnel, 2.38–2.39
- direct action against carrier by other mode, 2.43
- general rule, 2.6–2.16
  - proviso to, 2.17–2.40
- separate entities, treatment of carrier as, 2.41–2.42
- unloading from the vehicle, 2.11a–2.16
Compensation, 9.1–9.106
- additional, 9.50–9.54
- basis of calculation, 9.3–9.8
- currency conversion rate, 9.64
- damage, 9.47–9.49
- delay, 9.42–9.46
- extra-contractual claims, 9.65–9.71
- interest, 9.60–9.63
- limit of liability, 9.9–9.20
  - attempts to evade, 9.15–9.17
  - calculation, 9.18–9.20
- loss of goods, 7.18–7.21
- other expenses, 9.21–9.41
  - Buchanan case, 9.25–9.33
  - other case law, 9.34–9.41
- recovery under Articles 23(5) and 26, 9.55–9.59
- wilful misconduct. See Wilful misconduct
Page 435

Consignee
- status as, 1.11–1.54
Consignment note, 1.4, 1.8–1.9, 1.12, 1.30, 4.1–4.31
- absence of, 4.2–4.7, 4.9
- absence of signature, 4.12
- carrier’s reservations, 4.24–4.31, 6.79, 6.104
- CMR international, Appendix C
- contents, 4.15–4.23, 11.36–11.37
- form, 4.10–4.14, Appendix C
- irregularity of, 4.8–4.9
- IRU form, 4.10, Appendix C
- jurisdiction, 10.28
- need for, 4.3–4.9, 11.21–11.48
- open unsheeted vehicles, use of, 6.61–6.62
- provision for cash on delivery charges, 7.30–7.31
- successive carrier, 11.21–11.48
- time limit for delivery, 7.2–7.4
Containers, 0.3
- carriage, 2.8–2.11
Contract of carriage, 1.2–1.10
- parties. See Parties to the contract
Convention, CMR. See CMR Convention
Counterclaims, 10.119
- successive carrier, 11.74
Currency conversion rate compensation, 9.64
Customs documentation, 4.37–4.41

Damage to goods, 5.24
- compensation, 9.47–9.49
- delay, 9.44–9.49
- period of limitation of actions for partial damage, 10.59–10.62
- reservations, 10.2–10.20
Damages
- delay, 7.14, 9.44
- jurisdiction, 10.49
Dangerous goods, 8.1–8.14
- definition, 8.2
- packing, 8.8–8.9
Date
- time limit for delivery, 7.2–7.6
Defective packing, 4.32–4.36, 6.64–6.71
Delay, 5.12–5.17, 7.1–7.10
- agreed time limit, 7.2–7.4
- compensation, 9.42–9.46
- defences, 7.7–7.8
- definition, 7.1
- no agreed time limit, 7.5–7.6
- period of limitation of actions for partial delay, 10.59–10.62
- reservations, 7.9–7.10, 10.2–10.20
Delivery
- agreed time limit, 7.2–7.4
- burden of proof, 6.13
- carrier’s liability, 6.9–6.13
- disposal of goods on, 5.12–5.24
- impossibility in relation to, 5.31–5.34
- no agreed time limit, 7.5–7.6. See also Non-delivery of goods
Derogation, 12.1–12.8
Disposal, right of, 5.2–5.24
- delivery, on, 5.12–5.24
- enforce the contract, right to, 5.18–5.23
- restrictions on, 5.5–5.9
- successive, 5.10–5.11
Documentation, 4.1–4.41
- customs and other formalities, 4.37–4.41
- successive carrier, 11.55–11.61. See also Consignment note

England
- scope of application of CMR Convention, 1.5
Estoppel
- suspension of period of limitation, 10.117

Force majeure, 6.4, 6.28–6.31
Foreign judgments
- enforcement of, 10.44, 11.124–11.126
Foreign Judgments (Reciprocal Enforcement) Act 1933, 10.128
Forum. See Jurisdiction
Forwarder
- status, 1.13–1.54
France
- scope of application of CMR Convention, 1.4
- status of parties to the contract, 1.51
French text of the CMR Convention, 0.14–0.17, Appendix B
- cash on delivery charges, 7.36
- damage due to delay, 9.44
- interpretation of “agents and servants”, 3.8–3.9
Funeral consignments, 1.58
Furniture removal, 1.59

Germany
- status of parties to the contract, 1.53
Goods
- carriage by container, 2.8–2.11
- damage, 5.24, 9.44–9.49
- defective packing, 4.32–4.36, 6.64–6.71
- definition, 1.6
- delay, 5.12–5.17, 7.1–7.10
- delivery
  - disposal on, 5.12–5.24
  - impossibility, 5.31–5.34
- Page 436
  
  disposal, right of, 5.2–5.24
  - delivery, on, 5.12–5.24
- inherent vice, 6.25–6.27, 6.103
- loss, 5.12–5.17, 7.12–7.15
- nature of, 6.25–6.27, 6.95–6.103
- non-delivery, 7.11–7.29
- packing, 4.26, 4.32–4.36
- sale by carrier, 5.43–5.47
- unloading, 5.37–5.42. See also Dangerous goods See also Loading and stowage
Groupage shipments, 11.8–11.10
Guadalajara Convention
- compatibility with CMR Convention, 2.44

Hague-Visby Rules, 2.30–2.37, 8.5
Handling
- special risks, 6.72–6.103. See also Loading and stowage
Hire, contract of
- not governed by the Convention, 1.3–1.5
Holland
- status of parties to the contract, 1.52

Impossibility, 5.25–5.47
- carriage, 5.25–5.30
- delivery, 5.31–5.34
- expenses, 5.35–5.36
- sale of goods by carrier, 5.43–5.47
- unloading and storage, 5.37–5.42
Independent contractors, 3.9
Inherent vice, 6.25–6.27, 6.103
- burden of proof, 6.27, 6.103
- definition, 6.25
Insolvency
- successive carriers, 11.101–11.112
Insurance, 4.20, 4.21
- Lloyd’s Goods in Transit (C.M.R) policy document, Appendix D
- recovery of premiums, 9.35
Interest
- compensation, 9.60–9.63
International Chamber of Commerce (ICC), 0.1
International Institute for the Unification of Private Law (UNIDROIT), 0.1
International Road Transport Union (IRU), 0.1
Interpretation of the CMR Convention, 0.4–0.13
- uniformity, 0.4

Judgments
- enforceable, 10.45–10.49
- enforcement of, 10.43–10.44, 11.124–11.126
- enforcement of interim, 10.49
- security for costs, 10.50
- successive carriers, 11.124
Jurisdiction
- actions, 10.21–10.50
- appropriate forum: agreed jurisdiction, 10.26–10.29
- arbitral awards, 10.127–10.129
- Article 31(1)(a) or (b), 10.30–10.36
- claims, 10.21–10.50
- claims between carriers, 11.119–11.123
- duplication of actions, 10.37–10.42
- enforceable judgments, 10.45–10.49
- enforcement of judgments, 10.43–10.44, 11.124–11.126
- security for costs, 10.50
- successive carrier, 10.34–10.36, 11.67, 11.119–11.123

Liability. See Apportionment of liability See Carrier’s liability See Limit of liability
Limit of liability, 9.9–9.20
- attempts to evade, 9.15–9.17
- calculation, 9.18–9.20
- successive carrier, 11.54
Limitation Act 1980, 7.29, 10.114, 10.125
Limitation of actions, 10.51–10.119
- arbitration, 10.125–10.126
- counterclaims, 10.119, 11.74
- period of limitation, 10.58–10.80
  - partial loss, damage or delay, 10.59–10.62
  - successive carrier, 10.69, 11.54
  - total loss, 10.63–10.72
- set-off, rights of, 10.119, 11.74
- successive carriers, 11.127–11.133
- suspension of period, 10.101–10.108
  - by whom and against whom a claim may be made, 10.90–10.96
  - form of claim, 10.83–10.89
  - further claims, 10.112
  - national law, 10.113–10.118
  - onus of proof, 10.109–10.111
  - time for written claim, 10.97–10.100
- written claim, 10.81–10.119
Livestock, carriage of, 6.105–6.106
Lloyd’s Goods in Transit (C.M.R) policy
- cash on delivery charges, 7.40
- policy document, Appendix D
Loading and stowage
- burden of proof, 6.85–6.103
- check by carrier, 4.31, 6.81–6.84
- reservations in consignment note, 4.31, 6.79
- special risks, 6.72–6.103
Long-term contract
- scope of application of CMR Convention, 1.7–1.9
Page 437

Loss of goods, 5.12–5.17, 7.12–7.15
- compensation, 7.18–7.21
- defences, 7.16–7.17
- national law, 7.26–7.29
- period of limitation of actions for partial loss, 10.59–10.62
- reservations, 10.2–10.20
- total, 10.20, 10.63–10.72

Marking of packages, 6.104
Misconduct. See Wilful misconduct
Multimodal transport. See Combined (multimodal) transport

National law
- CMR Convention, 0.24–0.37, 1.64
- loss of goods, 7.26–7.29
- suspension of period of limitation, 10.113–10.118
Nationality of parties
- scope of application of CMR Convention, 1.10
Nature of goods, 6.25–6.27, 6.95–6.103
- apportionment of liability, 6.107–6.110
Negligence
- carrier’s liability, 6.5. See also Wilful misconduct
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 10.127, 10.129
Non-delivery of goods, 7.11–7.29
- claimant’s right of election, 7.18–7.25
- compensation, 7.18–7.21
- defences, 7.16–7.17
- national law, 7.26–7.29
- treated as lost, 7.12–7.17

Packing
- dangerous goods, 8.8–8.9
- defective, 4.32–4.36, 6.64–6.71
- repacking of goods by carrier, 6.71
- reservations in consignment note, 4.26, 4.35, 6.69–6.70, 6.79
Parties to the contract
- burden of proof, 1.44–1.45
- Continental case law, 1.46–1.53
- English case law, 1.16–1.43
- status, 1.11–1.54
Performance of carriage, 5.1–5.47
Perishable goods, 6.55, 6.100
- apportionment of liability, 6.110
Privity of contract, 1.63, 9.67

Quantity of goods
- check by carrier, 4.30

Refrigerated goods
- carrier’s liability, 6.27, 6.96, 6.100–6.101
- check by carrier, 4.27, 6.100
- special risk, 6.96
Reservations
- claims, 10.2–10.20
- damage, 10.2–10.20
- delay, 7.9–7.10, 10.2–10.20
- facilities for checking, 10.16–10.17
- form, 10.9–10.12
- loss, 10.2–10.20
- of carrier in consignment note, 4.24–4.31, 6.79, 6.104
- successive carrier, 11.57–11.60
- time for, 10.13–10.15
Residence of parties
- scope of application of CMR Convention, 1.10

Sale of goods
- by carrier, 5.43–5.47
Security for costs
- jurisdiction, 10.50
Seller, 1.12
Sender
- carrier’s liability for defective packing by, 6.78–6.80
- customs and other formalities, 4.37–4.41
- definition, 1.12
- liability for defective packing, 4.32–4.36
- right of disposal, 5.2–5.6
- status as, 1.11–1.54
Servants
- carrier’s liability, 3.5–3.14
Set-off, rights of, 10.119
- successive carrier, 11.74
Special risks, 6.60–6.106
- defective or inadequate packing, 6.64–6.71
- handling, loading, stowage or unloading of goods by the sender, 6.72–6.103
- inadequate marks or numbers, 6.104
- livestock, carriage of, 6.105–6.106
- nature of goods, 6.95–6.103
- open unsheeted vehicles, 6.61–6.63
Storage, 5.37–5.42, 6.8
Stowage. See Loading and stowage
Strikes, 6.51
Successive carriage, 11.1–11.135
- alternative arrangements between carriers, 11.134–11.135
- carrier responsible for the loss, damage or delay, 11.66
- concurrent actions and jurisdiction, 11.67–11.69
- Page 438
  
  consignment note, 11.21–11.48
- contribution between carriers, 11.75–11.100
  - apportionment, 11.87–11.92, 11.105–11.112
  - calculation, 11.105–11.112
  - shared responsibility, 11.93–11.95
  - unascertained responsibility, 11.96–11.100
- documentation, 11.55–11.61
- effect of Article 34, 11.53–11.54
- effect of judgment against claimant carrier, 11.114–11.118
- groupage shipments, 11.8–11.10
- insolvency of a carrier, 11.101–11.112
- jurisdiction, 10.34–10.36, 11.67, 11.119–11.123
- last carrier, 11.63–11.65
- liability of carriers, 3.11
- limitation of actions, 11.127–11.133
- nature and scope of liability, 11.70–11.73
- period of limitation for total loss, 10.69
- procedural aspects of claims between carriers, 11.113–11.133
- rights of action against carriers, 11.62–11.74
Successive carriage—cont.
- single contract, 11.5–11.7
- trailer operators, 11.49–11.52
- The Ulster-Swift case, 11.11–11.20, 11.80

Theft, 6.43–6.51
Third parties
- carrier’s liability, 3.1–3.14
  - agents and servants, 3.5
  - nature of liability, 3.12
  - other persons, 3.6–3.11
  - scope of employment, 3.13–3.14
Time limit
- claims, 10.58–10.80
  - partial loss, damage or delay, 10.59–10.62
  - successive carrier, 11.54, 11.127–11.133
  - suspension of period of limitation, 10.81–10.119
  - total loss, 10.63–10.72
  - wilful misconduct, 10.58
- delivery, 7.2–7.6
- reservations, 10.13–10.15. See also Limitation of actions
Traffic conditions, 6.40–6.41
Trailer operators, 11.49–11.52

Umbrella contract
- consignment note, 4.3
- scope of application of CMR Convention, 1.7–1.9, 4.3
Unfair Contract Terms Act 1977, 1.62
United Nations Convention on International Multimodal Transport of Goods, 0.3, 2.1
Unloading
- cessation of carrier’s liability, 6.10
- combined transport, 2.11a–2.16
- impossibility, 5.37–5.42
- special risks, 6.72–6.103

Vehicle
- burst tyre, 6.36–6.39
- condition of, 6.36–6.39
- defective condition, 6.53–6.59
- definition, 1.56, 2.7
- open unsheeted, 6.61–6.63

Warehousing, 5.37–5.42, 6.8
Warsaw Convention, 2.30
Weight of goods
- check by carrier, 4.30
Wilful misconduct, 9.72–9.106
- equivalent default, 9.105
- or equivalent default, 9.78–9.104
- period of limitation, 10.58
- remoteness of damage, 9.106
- successive carrier, 11.54
Written notice
- delay, 7.9–7.10
- reservations, 10.11, 10.15

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

CMR: Contracts for the international carriage of goods by road

Page 433

Index

Index

Page 434

Page 435

Page 436

Page 437

Page 438