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Lloyd's Maritime and Commercial Law Quarterly

Phantom carriers and UNCITRAL’s proposed transport law Convention

Michael F Sturley *

Working Group III of the United Nations Commission on International Trade Law (UNCITRAL) is currently negotiating a new multilateral Convention to replace the Hague, Hague-Visby and Hamburg Rules. The proposed new Convention would cover a broader range of topics than its predecessors, including detailed regulations of transport documents that common law observers would expect to find in a Bills of Lading Act. As part of the proposed chapter on transport documents, Art 40(3) would create a presumption making shipowners liable as carriers when transport documents fail to identify the true carrier. In this article, one of the active participants in the debate discusses this controversial provision and considers possible improvements and alternatives.

Introduction

In 2002, the United Nations Commission on International Trade Law (UNCITRAL) reconvened its Working Group III on Transport Law to discuss a Preliminary Draft Instrument on the Carriage of Goods by Sea, which was based on a draft prepared (at UNCITRAL’s request) by the Comité Maritime International (CMI).1 The goal is to prepare a new multilateral Convention to replace the Hague, Hague-Visby and Hamburg Rules, thus reunifying the international legal regime governing the subject. But UNCITRAL intends the new Convention to be much broader than its predecessors.2 For example, the proposed new Convention would to some extent govern maritime multimodal contracts on a door-to-door basis (unlike the earlier tackle-to-tackle and port-to-port regimes), thus expanding the geographic reach of the new Convention.

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