The Maritime Performing Party in the Rotterdam Rules 2009
INTRODUCTION. In an attempt to deal uniformly with several complex and delicate legal issues that have divided the seafaring nations of the world for most of the last century, the Rotterdam Rules 2009 (hereafter: RR) introduce the concept of the “maritime performing party”. This is a person other than the carrier who performs or undertakes to perform any of the carrier’s obligations during the period between the arrival of the goods at the port of loading of a ship and their departure from the port of discharge of a ship. Pursuant to articles 19 and 20 RR, the maritime performing party may be held liable jointly and severally with the contractual carrier for cargo loss or damage or delay in delivery which occurred (basically) be-cause of his own doing or during the time that the cargo was in his care.
|Actual carrier, Himalaya clause, Independent contractor, Maritime Performing Party, Performing Party, Rotterdam Rules, Scope of application, Stevedores, Sub-carrier|
|European Journal of Commercial Contract Law|
|Accepted Manuscript, published in EJCCL 15, 2010-1/2, pp 72-86|
|Organisation||Commercial and Entrepreneurial Law|
Smeele, F.G.M. (2010). The Maritime Performing Party in the Rotterdam Rules 2009. European Journal of Commercial Contract Law, 1–23. Retrieved from http://hdl.handle.net/1765/23175