Legal Conceptualisations of the Freight Forwarder: Some Comparative Reflections on the Disunified Law of Forwarding

Under a forwarding contract a forwarder may play several roles simultaneously. As principal to the forwarding contract he undertakes to arrange for the dispatch of the goods. As a direct agent or a commission agent of the client he may enter into contracts of carriage, and other ancillary contracts to the transport, such as storage and stevedoring services. It depends on the applicable law whether the forwarder in this capacity is or may be liable as a guarantor or surety for the performance of the said contracts by third parties or whether as mere agent or commission agent he is not liable for this. To the extent that the forwarder performs one or more stages of the transport or any ancillary tasks in relation to it, such as storage, loading, stowage and discharge, packaging and labeling, the for-warder will be responsible for the fulfillment of his obligations as a principal. Finally, if it is held that under a contract the forwarder has assumed responsibility for the carriage of goods, he will be considered carrier under a contract of carriage. The liability regimes applicable to the performance of these roles are not necessarily the same.