Multimodal Tranportation
By Abhay Singh
UN Convention on International Multimodal Transport of Goods
(Geneva, 24 May 1980)
Will enter into force 12 months after 30 countries ratify, 6 countries have ratified
so far
[Preamble]
• Means to facilitate expansion of world trade.
• Should not affect the application of any conventions or national law
• Regard to special interest & problems of developing countries & ensure fairness in
treatment.
• liability of multimodal transport operator should be based on fault or neglect
Art 1-Definitions.
• “International multimodal transport” means carriage of goods by at least 2
different modes based on multimodal transport contract from a place where
goods are taken in charge in one country to the place designated for delivery in
another.
• “Multimodal transport operator” means any person who on his own or through
another person concludes the contract & who assumes responsibility for the
performance.
• Goods” includes container, pallet or similar article of transport or packaging
supplied by consignor.
Art 2 - Scope of application
Applies to all contracts of multimodal transport between places in 2
States.
(a) Place of taking goods in charge is located in Contracting State,
(b) Place of delivery is located in a Contracting State.
Documentation
Art 5 - Issue of multimodal transport document
• 5.1. When goods are in charge of multimodal transport operator, he shall
issue multimodal transport document which, at the option of the
consignor, be negotiable or non-negotiable.
• 5.2 Must be signed by multimodal transport operator. 5.3 sign can be
handwritten, printed, stamped, in symbols, or made by any other
mechanical or electronic means, if not inconsistent with the law of the
country.
• 5.4 In case of non negotiable multimodal transport document, the
multimodal transport operator, after taking the deliver shall issue to the
consignor a readable document containing all the particulars & such
document is deemed to be a multimodal transport document
Art 6 - Negotiable multimodal transport document
1. a) made out to order or to bearer; b) order transferable by endorsement; c)
Bearer transferable without endorsement; d) if more then one original is
issued number should be mentioned e) copies should be marked as non
negotiable.
2. Delivery after surrender of negotiable multimodal transport document
duly endorsed
3. multimodal transport operator completes his obligation when he delivers
the goods original multimodal transport document.
Art 7- Non-negotiable multimodal transport
1). Name of consignee shall be there. 2). Operator completes obligation when
delivers to named consignee or person instructed
Art 8 - Contents of the multimodal transport document
1(a) Nature of the goods, marks, an express statement regarding dangerous
goods, number of packages or pieces, gross weight or quantity, as per what
is provided by consignor; unless otherwise expressed, (b) Apparent
condition of the goods; c) The name and principal place of business of the
multimodal transport operator; (d) Name of consignor; e) Consignee, if
named by the consignor;
f) Place & date of taking goods in charge by multimodal transport
operator; (g) Delivery Place; (h) Date or the period of delivery, if
expressly agreed upon; (i) A statement indicating whether document is
negotiable or non-negotiable; (j) Place and date of issue of document;
(k) Signature of operator or of person having authority from him; (l)
Freight for each mode of transport; (m) Intended journey route, modes
of transport & places of transshipment, if known at the time; (n)
Statement stating application of convention;(o) Any other particulars
parties agree to insert.
2) Absence of any particulars in 8.1 will not affect validity of contract.
Article 9 - Reservations in multimodal transport document.
Operator has reasonable grounds to suspect particulars mentioned. If
operator does not mentioned on the document that apparent condition of
the goods then it will be deemed that condition is good.
Article 10 - Evidentiary effect of the multimodal transport document
Document is prima facie evidence of the taking in charge by the
operator
Art 11 - Liability for intentional misstatements or omissions.
Operator with intent to defraud gives in the document false information
under art 8-excluded from liability
Article 12 - Guarantee by the consignor.
Guarantee & indemnity for Particulars of Document
Liability of the Multimodal Transport Operator
Article 14- Period of responsibility. Covers the period from the time he
takes the goods in his charge to the time of their delivery.
Operator is deemed to be “in charge” of goods from the time he has taken
goods from consignor Until he has delivered them to consignee.
In cases consignee doesn’t receive; by placing them at disposal of consignee
in accordance with contract or national law or usage.
Article 15 - The liability of multimodal transport operator for his
servants, agents and other persons. Operator liable if person is in scope of
his employment or is acting in performance of contract
Article 16- Basis of liability. liable for loss, damage & delay. Goods not
delivered within 90 days after delivery date, claimant may treat goods as lost
Article 18- Limitation of liability - 920 SDR per package or 2.75 SDR per kg of gross
weight whichever is higher.
if transportation doesn’t include sea or inland waterways, the limit of liability will be 8.33
SDR per Kg of gross weight.
2.5 times freight for delayed goods.
Higher limit can be set by agreement
Article 21 - Loss of the right to limit liability
Intent to cause loss, damage or delay or recklessly and with knowledge that such loss,
damage or delay would probably result.
Liability of the Consignor
Article 22 - General rule- fault or neglect of consignor
Article 23 - Special rules on dangerous goods
Claims and Actions
Article 24 - Notice of loss, damage or delay.
Not later than the working day after day when goods were handed over to the consignee.
If damage not apparent- within 6 days
Joint survey or inspection- damage pointed out- no notice required.
delay in delivery- within 60 days;
Unless goods are lost, Operator must reply within 90 days
Article 25 - Limitation of actions- two years.
