Freight Forwarding and Multimodal Transport Contracts by David A. Glass

Author:David A. Glass
Language: eng
Format: epub
Publisher: Routledge

CHAPTER THREE

MULTIMODAL TRANSPORT

3A INTRODUCTION

3.1

In this chapter contract forms and provisions which are concerned mainly with the management of liability by operators moving goods across modes are considered. In Chapter 4 the focus will be on contracts or terms specifically linked to the use of particular types of transport technique designed to operate across modes. As noted in Chapter 1 it is possible to see the development of contract forms in this area in terms of stages of development. In this chapter the material will be presented consistently with these stages so that the discussion will proceed in apparently historical terms. It must be kept in mind that some contract forms identified as belonging to an earlier stage may well still be of relevance today quite apart from the fact that issues of relevance to them can still be relevant in the context of some features of more modern forms. Similarly, whilst the opportunity is taken to group legal issues of distinctive relevance in respect of a particular stage these can be of relevance in respect of other stages.

3.2

Following the historical approach just noted, an outline of types of through bill will be given along with material on the legal issues of relevance to them, moving on to the development of combined transport documents and leading to the developments in multimodal transport. Each part of the discussion will revolve around different types of illustrative text. First, clause 6 of the BIMCO Conlinebill is chosen as illustrative of one type of through transport provision in common use in bills of lading. The ICC Uniform Rules for a Combined Transport Document are then chosen as the main vehicle for a discussion of the development of modern contract forms since these rules were of major influence in this development. Contract terms derived from these Rules are still in use to a substantial degree. A detailed review of the Multimodal Transport Convention 1980 and the UNCTAD/ ICC Rules is then provided. The chapter concludes with a review of aspects of the Rotterdam Rules which in providing rules governing door-to-door transport in the context of carriage by sea and in respect of the types and use of documents in sea carriage is likely to have considerable impact on the law governing a major part of multimodal transport if it comes into force.

3.3

One issue which cuts across all types of document issued in the context of through transit is their ability to satisfy the requirements of mandatory rules applicable to the modes of transport which may be covered by them. A particular difficulty should be noted in respect of the application of the Hague Rules to sections of sea transport in a through movement. Unlike most international regimes of liability these rules require the transit to be “covered” by a bill of lading1 raising questions as to what counts as a bill of lading and whether and when a transit is so covered. Similar questions can arise also in the context of through bills of lading used in a movement involving only sea transport.

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