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Lloyd's Maritime and Commercial Law Quarterly

CMI DRAFT INSTRUMENT ON TRANSPORT LAW 10.12.2001 Text without notes * 1 DEFINITIONS For the purposes of this Instrument: 1.1 Carrier means a person that enters into a contract of carriage with a shipper. 1.2 Consignee means a person entitled to take delivery of the goods under a contract of carriage or a transport document or electronic record. 1.3 Consignor means a person that delivers the goods to a carrier for carriage. 1.4 Container includes any type of container, transportable tank or flat, swapbody, or any similar unit load used to consolidate goods, and any equipment ancillary to such unit load. 1.5 Contract of carriage means a contract under which a carrier, against payment of freight, undertakes to carry goods wholly or partly by sea from one place to another. 1.6 Contract particulars means any information relating to the contract of carriage or to the goods (including terms, notations, signatures and endorsements) that appears in a transport document or an electronic record. 1.7 Controlling party means the person that pursuant to article 11.2 is entitled to exercise the right of control. 1.8 Electronic communication means communication by electronic, optical, or digital images or by similar means with the result that the information communicated is accessible so as to be usable for subsequent reference. Communication includes generation, storing, sending, and receiving. 1.9 Electronic record means information in one or more messages issued by electronic communication pursuant to a contract of carriage by a carrier or a performing party that (a) evidences a carrier’s or a performing party’s receipt of goods under a contract of carriage, or * Reproduced is only the text of the provisions in the CMI Draft Instrument on Transport Law . The original document, including an introduction and explanatory notes, was submitted to the UNCITRAL Secretariat in December 2001 and can be found in CMI Yearbook 2001, 532 and on the CMI website ( www.comite maritime.org ). The document was presented (subject to some mostly minor and editing changes by the Secretariat) to the UNCITRAL Working Group on Transport Law at its meeting in April 2002 in New York (UNCITRAL document A/CN.9/WG.III/WP.21). Detailed comments by the UNCTAD and UNECE Secretariats on the original CMI Draft Instrument are contained in UNCITRAL document A/CN.9/WG.III/WP.21/Add.1. Both documents are available in all UN languages on the UNCITRAL website ( www.uncitral.org ). 418

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