CMR: Safeguarding the parties’ interests

Inevitably there are steps to be taken prior to commencing or indeed defending legal proceedings and, in the context of CMR, such steps are likely to be similar in the various jurisdictions in which CMR is applied.1 This article sets out some thoughts as to the more important steps which should be taken, not only by lawyers but also by others concerned with an actual or potential CMR claim, in preparation for possible legal (or arbitration) proceedings.

Does CMR apply?

The first step is to determine whether CMR applies. In seeking an answer to that question, it is important to bear in mind that CMR is, to give it its full English title, the Convention on the Contract for the International Carriage of Goods by Road. The Preamble to the Convention likewise refers to the desirability of standardising the conditions governing the contract for the international carriage of goods by road. Those references to the contract for the international carriage of goods by road sound rather stilted until the provisions of art. 1(1) of CMR, defining in broad terms the applicability of the Convention, are brought to bear (italics supplied):

“This Convention shall apply to every contract for the carriage of goods by road in vehicles for reward, when the place of taking over of the goods and the place designated for delivery, as specified in the contract, are situated in two different countries, of which at least one is a contracting country, irrespective of the place of residence and the nationality of the parties”.

The effect of art. 1(1) of CMR is to render the provisions of the Convention terms of the private contract between the sender and the carrier. Article 1(1) is of central importance. None of the other provisions of CMR, including those relating to the legal relationship between successive carriers (in Chapter VI), comes into play unless art. 1(1) is satisfied.