Intermodal transport under unimodal arrangements
Conflicting conventions: the UNCITRAL/CMI draft instrument and the CMR on the subject of intermodal contracts
When it comes to determining the applicable legal regime in relation to cargo claims multimodal carriage contracts generate ample work for the judiciary. Due to the unimodal orientation of the existing uniform carriage law and the differences in opinion as to how their scopes of application are to be interpreted the question which legal regime applies is not easily answered. Especially the CMR which regulates international road carriage has been a focalpoint for many a discussion in this light. In the article issues such as the CMR's scope of application and the consequences of its jurisdiction rules are discussed in relation to multimodal carriage.
|Keywords||CMR, COTIF, Quantum, Tatry, UNCITRAL/CMI Draft, applicable law, carriage, carriage law, carrier liability, conflict of conventions, conflict of laws, door-to-door, forumshopping, intermodal, jurisdiction, liability limits, lis pendens, mulimodal, negative feststellungsklage, place of taking over, scope of application, taking over, transport, uniform law|
Haak, K.F., & Hoeks, M.A.I.H.. (2005). Intermodal transport under unimodal arrangements. Transportrecht: Zeitschrift fuer das gesamte Recht der Gueterbeforerderung, der Spedition, der Versicherungen des Transports, der Personenbefoerderung und der Reiseverstaltung, 89–102. Retrieved from http://hdl.handle.net/1765/13139