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Lloyd's Maritime and Commercial Law Quarterly

THE PROPOSED US CARRIAGE OF GOODS BY SEA ACT

Regina Asariotis*

Michael N. Tsimplis**

The United States is about to enact a new Carriage of Goods by Sea Act. While the genesis and progress of the proposed legislation is well documented,1 little independent analysis of its potential wider implications has taken place.2 This paper seeks to provide an analytical overview over key features of the draft Act and to consider the legislative proposal within a broader context of international developments in transportation practice and regulation.

I. INTRODUCTION

In April 1998, the US Senate was presented with a Bill for the enactment of a new US Carriage of Goods by Sea Act 1998. A decision on the Bill was deferred on that occasion and it is now expected that new legislation will be enacted early in 1999. In the field of international trade and transportation, any new US legislation merits close attention, but this is particularly the case when the legislation emerges at a time of increasing “disunification” of laws internationally.
The draft legislation, if enacted, will (a) modernize the US law on the Carriage of Goods by Sea; (b) reverse the law on the admissibility of foreign choice of forum agreements as established by the Supreme Court in Vimar Seguros y Reaseguros S.A. v. M/V Sky Reefer; 3 and (c) provide a mandatory liability regime for most intermodal transportation of goods to or from the US. Moreover, it may be of significant influence in shaping any future international consensus on uniform regulation of liability in carriage of goods by sea4 and intermodal transportation.

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