CMR: Contracts for the international carriage of goods by road

Andrew Messent and David A; Glass

Document

Page 479

Index

Actions See also Claims
- against successive carrier, 11.65–11.77, see also Successive Carriage
- arbitration, 10.132–110.142
- concurrent, 11.70–11.72
- counterclaims and rights of set-off, 11.77
- enforcement, 10.140–10.142
- jurisdiction, 10.21–10.59
- limitation See Limitation of actions
- potential duplication of, 10.39–10.50
- procedural aspects, 11.117–11.137
- security for costs, 10.59
Agent
- carrier’s liability, 3.5
- forwarder as, 1.15–1.56
Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), 8.2–8.5, 8.9–8.10
Apportionment
- carrier’s liability, 6.120–6.124
- combined transport, 2.41
- successive carriers, 11.91–11.96
Arbitration, 10.132–10.142
- commencement, 10.137
Arbitration Act 1996, 10.139
Bailee, 1.7
Bill of lading, 2.11, 2.31, 2.36
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, 10.40, 10.42, 10.46–10.47
Burden of proof
- carrier’s liability, 6.40–6.44, 6.125–6.131
- condition of vehicle, 6.40–6.44
- delivery, fact of, 6.16
- handling, loading, stowage or unloading of goods, 6.82–6.105
- inherent vice, 6.28–6.31
- parties to the contract, 1.48–1.49
Carriage
- containers, 2.8–2.11
- contract of See Contract of carriage
- impossibility in relation to, 5.27–5.36
- livestock, 6.117–6.119
- performance of, 5.1–5.49
- successive See Successive carriage
Carriage by Air and Road Act 1979, 0.2
Carriage of Goods by Road Act 1965, 0.1, 0.15
- arbitration proceedings, 10.137, 10.140, 10.142
- parties to the contract, 1:13
- Text, Appendix A
- voluntary adoption of the CMR Convention, 1.67
Carrier
- agents and servants, 3.5
- alternative arrangements between, 11.138–11.139
- direct action against other, 2.44
- loss or damage not caused by act or omission of, 2.22–2.26
- reservations in consignment note, 4.26–4.33
- sale of goods by, 5.45–5.49
- status as, 1.22, 3.3, 4.8
- “two separate persons”, 2.42–2.43
Carrier’s liability, 6.1–6.131
- agreed time limit, 7.2–7.4
- apportionment, 6.120–6.124
- avoidance of, 6.17
  - climatic conditions, 6.48
  - condition of vehicle, 6.40–6.44
  - inherent vice of goods, 6.28–6.31
  - instructions of claimant, 6.25–6.27
  - strikes, 6.62
  - theft and robbery, 6.49–6.61
  - traffic conditions, 6.45–6.47
  - unavoidable circumstances, 6.39, 6.41, 6.45, 6.49, 6.53, 6.62–6.63
  - wrongful act or neglect of claimant, 6.18–6.24
- Page 480
  
  burden of proof, 6.40–6.44, 6.125–6.131
- cash on delivery, 7.30–7.39
- defective condition of vehicle, 6.63–6.69
- defective or inadequate packing, 6.73, 6.74–6.81
- defective packing by the sender, 6.82–6.84
- delay See Delay
- delivery, 6.12–6.16
- force majeure, 6.6, 6.32–6.35
- handling, loading, stowage or unloading of goods by the sender, 6.82–6.105
- inadequate marks or numbers, 6.116
- inherent vice of goods, 6.28–6.31
- livestock, carriage of, 6.117–6.119
- nature of goods, 6.74–6.81, 6.106–6.115
- negligence, 6.6–6.8
- no agreed time limit, 7.5–7.6
- non-delivery of goods, 7.11–7.29
- obligation to check loading and stowage, 6.91–6.94
- open unsheeted vehicles, 6.71–6.73
- period of, 6.9–6.62
- refrigerated goods, 6.30, 6.57, 6.67, 6.86, 6.107, 6.111–6.112, 6.114, 6.118
- special risks See Special risks
- successive carrier, 3.11
- third parties, for, 3.1–3.15
  - agents and servants, 3.5
  - nature of liability, 3.12–3.13
  - other persons, 3.6–3.11
  - scope of employment, 3.14–3.15
Cas fortuit, 6.6
Case law
- interpretation of CMR Convention, 0.19–0.23
- parties to the contract
  - the Continent, 1.50–1.57
  - England, 1.19–1.47
Cash on delivery, 7.30–7.39
- measure of damages, 7.35–7.39
- scope, 7.32–7.35
Channel Tunnel, 2.39–2.40
Cheques
- acceptance for payment of cash on delivery, 7.35
CIM Convention, 0.31, 2.31, 2.39, 2.40, 2.49, 4.41, 5.23, 6.32, 6.68, 6.72, 8.2, 9.20, 9.48, 9.60, 9.95, 11.23, 11.66, 11.67, 11.75
Claims
- arbitration, 10.132–10.142
- counterclaims and rights of set-off, 10.131, 11.77
- jurisdiction, 10.21–10.59
- limitation See Limitation of actions
- procedural aspects, 11.117–11.139
- reservations in respect of loss, damage or delay, 10.2–10.20
  - form of reservations, 10.09–10.12
  - practice, 10.18–10.19
  - time for reservations, 10.13–10.17
- security for costs, 10.59
- total loss, 10.20, 10.73–10.82
Clause paramount, 4.21
Climatic conditions, 6.48
CMR Convention
- case law, 0.19–0.23, 1.19–1.47, 1.50–1.57
- and combined (multimodal) transport, 0.3, 2.1–2.52
- compatibility with Guadalajara Convention, 2.45
- derogation, 12.1–12.10
- French text, 0.15–0.18, Appendix B
- history, 0.1–0.3
- interpretation See Interpretation
- modelled on the CIM Convention, 0.31
- national law, 0.32–0.45
- Protocol, 0.2–0.3
- scope of application, 1.1–1.68
- Text, Appendix A
- travaux préparatoires, 0.28
- voluntary adoption, 1.64–1.68
Combined (multimodal) transport, 0.3, 2.1–2.52
- apportionment of liability, 2.41
- carriage by container, 2.8–2.11
- Channel Tunnel, 2.39–2.40
- direct action against carrier by other mode, 2.44
- general rule, 2.6–2.17
- part of multimodal transport, road carriage as, 2.46–2.49
  - proviso to general rule, 2.18–2.41
  - Rotterdam Rules, CMR and, 2.50–2.52
- separate entities, treatment of carrier as, 2.42–2.43
- unloading from the vehicle, 2.12–2.17
Compensation, 9.1–9.126
- additional, 9.65
- basis of calculation, 9.3–9.9
- currency conversion rate, 9.2, 9.15, 9.75–9.79
- damage, 9.62–9.64
- delay, 9.56–9.61
- extra-contractual claims, 9.80–9.87
- interest, 9.75–9.79
- limit of liability, 9.10–9.22
  - attempts to evade, 9.16–9.18
  - calculation, 9.3–9.22
- Page 481
  
  other expenses, 9.23–9.25, 265–266, 9.49–9.55
  - Buchanan case, 9.27–9.41
  - other case law, 9.42–9.48
- recovery under Articles 23.5 and 26, 9.70–9.74
- remoteness of damage, 9.70–9.74, 9.126
- wilful misconduct See Wilful misconduct
Consignee
- status as, 1.13–1.58
Consignment note, 95–117
- absence of, 4.2, 4.3–4.4, 4.6–4.7
- absence of signature, 4.13
- carrier’s reservations, 4.26–4.33
- CMR international, Appendix C, Appendix D
- contents, 4.11–4.25
- electronic consignment note (e-CMR), 0.2, 4.3, 4.9, 4.10, 4.11, 4.16, 4.20, 4.23, 4.27, 4.39, 5.5, 5.18, 9.65, 10.134, 11.24
- form, 4.10–4.14
- FTA/RHA/SITPRO form, Appendix D
- irregularity of, 4.8
- IRU form, 4.10, Appendix C
- jurisdiction, 10.28
- need for, 4.3–4.9, 11.23–11.51
- open unsheeted vehicles, use of, 6.71–6.73
- provision for cash on delivery charges, 7.30–7.39
- successive carrier, 11.23–11.51
- time limit for delivery, 7.2–7.4
Containers, 0.3
- carriage, 2.8–2.11
Contract of carriage, 1.2–1.12
- parties See Parties to the contract
- Contracting States, 1.1
Convention, CMR See CMR Convention
Counterclaims, 10.131
- successive carrier, 11.77
Currency conversion rate compensation, 9.75, 9.79
Customs documentation, 4.39–4.43
Damage to goods, 5.26
- compensation, 9.62–9.64
- delay, 9.56–9.61
- period of limitation See Limitation of Actions
- reservations, 10.2–10.20
Damages see also Compensation delay, 7.14, 9.56–9.61
Dangerous goods, 8.1–8.14
- ADR, 8.2–8.4
- definition, 8.2
- packing, 8.8–8.10
Date
- time limit for delivery, 7.2–7.6
Defective packing, 4.34–4.38, 6.74–6.81
Delay, 7.1–7.10
- agreed time limit, 7.1–7.4
- compensation, 9.56–9.61
- defences, 7.7–7.8
- definition, 7.1
- no agreed time limit, 7.5–7.6
- period of limitation of actions for delay, 10.69–10.72
- reservations, 7.9–7.10, 10.2–10.8
- treated as loss, 7.12–7.15, 10.80–10.82
Delivery
- agreed time limit, 7.2–7.4
- burden of proof, 6.40–6.44
- carrier’s liability, 6.12–6.16
- disposal of goods on, 5.13–5.19
- impossibility in relation to, 5.33–5.36
- meaning of, 6.13–6.15
- no agreed time limit, 7.5–7.6
Derogation, 12.1–12.10
Disposal, right of, 5.2–5.12
- delivery, on, 5.13–5.26
- enforce the contract, right to, 5.20–5.25
- restrictions on, 5.5–5.10
- successive, 5.11–5.12
Documentation, 4.1–4.43
- customs and other formalities, 4.39–4.43
- Electronic, 4.3, 10.117
- successive carrier, 11.58–11.64
England
- scope of application of CMR Convention, 1.7
Estoppel
- suspension of period of limitation, 10.128
Force majeure, 6.6, 6.32–6.35
Foreign judgments
- enforcement of, 10.49–10.54, 10.139
Foreign Judgments (Reciprocal Enforcement) Act 1933, 10.52, 10.140
Forum See Jurisdiction
Forwarder
- status, 1.18–1.57
France
- Commissionaire de transport, 1.54–155
- faute lourde, 9.95–9.96
- scope of application of CMR Convention, 1.2, 1.6–1.7, 1.33, 1.47, 1.49, 1.53–1.55
French text of the CMR Convention, Appendix B
- cash on delivery charges, 7.30, 7.34
- damage due to delay, 9.73
- Page 482
  
  interpretation of “agents and servants”, 3.8–3.9
- relevance to interpretation of Convention, 0.15–0.18
Funeral consignments, 1.62
Furniture removal, 1.62–1.63
Germany
- groβe fahrlässigkeit, 9.97–9.98
- status of parties to the contract, 1.53
Goods
- carriage by container, 2.8–2.11
- damage, 5.26, 6.74–6.81, 6.106–6.115
- defective packing, 4.34–4.38, 6.74–6.81
- delay, 7.1–7.10, 9.56–9.61
- delivery
  - disposal on, 5.13–5.19
  - impossibility, 5.33–5.36
- disposal, right of, 5.2–5.12
  - delivery, on, 5.13–5.26
- inherent vice, 6.28–6.31
- loss, 6.106–6.115, 10.20
- nature of, 6.74–6.81, 6.106–6.115, 8.2–8.7
- non-delivery, 7.11–7.29
- packing, 4.34–4.38, 6.74–6.81, 9.62
- sale by carrier, 5.45–5.49
- taking over of, 6.9–6.11
- unloading, 5.39–5.44
Groupage shipments, 11.10–11.12
Guadalajara Convention
- compatibility with CMR Convention, 2.45
Hague-Visby Rules, 2.30–2.37, 8.5, 9.21, 10.4
Handling
- special risks, 6.70–6.119
Hire, contract of
- not governed by the Convention, 1.3–1.5
Impossibility, 5.27–5.49
- carriage, 5.27–5.32
- delivery, 5.33–5.36
- expenses, 5.37–5.38
- sale of goods by carrier, 5.45–5.49
- unloading and storage, 5.39–5.44
Independent contractors, 3.9
Inherent vice, 6.28–6.31, 6.126
- burden of proof, 6.31, 6.126
- definition, 6.31
Insolvency
- successive carriers, 11.105–11.110
Insurance, 4.16, 4.23
- recovery of premiums, 9.49
Interest
- compensation, 9.75–9.79
International Chamber of Commerce (ICC), 0.1
International Institute for the Unification of Private Law (UNIDROIT), 0.1
International Road Transport Union (IRU), 0.1
- Form of consignment note, Appendix
Interpretation of the CMR Convention, 0.1–0.14
- foreign case law, 0.19–0.23
- French text, relevance of, 0.15–0.18
- general approach, 0.5–0.14
- uniformity, 0.4
Ireland
- Carriage between UK and Ireland, 1.12
Judgments
- enforceable, 10.53–10.58
- enforcement of, 10.51–10.52, 11.128–11.130
- enforcement of interim, 10.57–10.58
- security for costs, 10.59
- successive carriers, 11.118–11.122
Jurisdiction, 10.21–10.24
- actions, 10.21–10.59
- appropriate forum
  - agreed jurisdiction, 330–332
- arbitral awards, 10.139
- Article 31(1)(a) or (b), 10.30–10.38
- claims, 10.21–10.59
- claims between carriers, 11.117–11.137
- duplication of actions, 10.39–10.50
- enforceable judgments, 10.53–10.58
- enforcement of judgments, 10.51, 11.128–11.130
- negative declarations, 10.46–10.49
- pending, action is, 10.40–10.44, 10,50
- scope, 10.25
- security for costs, 10.59
- successive carrier, 11.70–11.72
Liability See Apportionment of liability See Carrier’s liability See Limit of liability
Limit of liability, 261–265
- attempts to evade, 9.16–9.18
- calculation, 9.19–9.22
- successive carrier, 11.73–11.76
Limitation Act 1980, 7.29, 10.66
Limitation of actions, 10.60–10.131
- arbitration, 10.132–10.142
  - counterclaims, 10.131
- period of limitation, 10.68–10.90
  - partial loss, damage or delay, 10.69–10.72
  - total loss, 10.73–10.82
  - scope of operation, 10.61–10.67
- set-off, rights of, 10.131
- suspension of period, 10.91–10.131
  - by whom and against whom a claim may be made, 10.101–10.107
  - form of claim, 10.93–10.100
  - Page 483
    
    further claims, 10.123
  - if claim made electronically, 10.93
  - national law, 10.124–10.131
  - onus of proof, 10.120–10.122
  - rejection of claim, 10.112–10.119
  - return of documents, 10.116–10.117
  - scope, 10.92
  - time for written claim, 10.108–10.111
Livestock, carriage of, 6.117–6.119
Loading and stowage
- burden of proof, 6.125–6.131
- check by carrier, 6.91–6.94
- reservations in consignment note, 6.71–6.73
- special risks, 6.82–6.105
Long-term (“umbrella”) contracts
- scope of application of CMR Convention, 1.9–1.11
Loss of goods, 6.106–6.115, 10.2–10.20
- compensation, 7.18–7.21
- damage as loss, 10.74–10.77
- defences, 7.16–7.17
- national law, 7.26–7.29
- period of limitation of actions for partial loss, 10.69–10.72
- reservations, 7.9–7.10
  - in cases of total loss, 10.20
Marking of packages, 6.116
Misconduct See Wilful misconduct
Multimodal transport See Combined (multimodal) transport
National law
- CMR Convention, 0.32–0.45
- loss of goods, 7.26–7.29
- suspension of period of limitation, 10.124–10.130
Nationality of parties
- scope of application of CMR Convention, 1.1, 1.12
Nature of goods, 6.106–6.115
- apportionment of liability, 6.120–6.124
- dangerous, 8.2–8.7
Negligence
- carrier’s liability, 6.7
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 10.139
Non-delivery of goods, 7.11–7.29
- claimant’s right of election, 7.18–7.25
- compensation, 7.11, 7.21
- defences, 7.16–7.17
- national law, 7.26–7.29
- treated as lost, 7.12–7.15, 10.80, 10.82
Packing
- dangerous goods, 4.16, 8.8–8.10
- defective, 4.34–4.38, 6.74–6.81
- reservations in consignment note, 8.11
Parties to the contract
- burden of proof, 1.48–1.49
- Continental case law, 1.50–1.57
- English case law, 1.19–1.47
- status, 1.13–1.58
Performance of carriage, 5.1–5.49
Perishable goods, 6.65, 6.110
- apportionment of liability, 6.110
Privity of contract, 1.13, 1.51, 1.67, 9.82
Quantity of goods
- check by carrier, 4.26, 4.32
Refrigerated goods
- carrier’s liability, 6.30, 6.57, 6.67, 6.86, 6.107, 6.111
- check by carrier, 4.29, 6.111
- special risk, 6.107
Reservations
- of carrier in consignment note, 4.26–4.33
- claims, 10.2–10.20
- damage, 10.2–10.20
- delay, 7.9–7.10, 10.2–10.20
- electronic, 7.9, 10.2
- facilities for checking, 10.16–10.17
- form, 10.9–10.12
- loss, 10.2–10.20
- practice, 10.18–10.19
- successive carrier, 11.58–11.64
- time for, 10.13–10.15
- total loss, 10.20
Residence of parties
- scope of application of CMR Convention, 1.12
Sale of goods
- by carrier, 5.45–5.49
Security for costs
- jurisdiction, 10.59
Seller, 1.14
Sender
- carrier’s liability for defective packing by, 6.82–6.105
- customs and other formalities, 4.39–4.43
- definition, 1.13
- liability for defective packing, 6.88–6.90
- right of disposal, 5.2–5.4
- status as, 1.13–1.58
Servants See carrier’s liability for third parties
Set-off, rights of
- successive carrier, 11.77
Page 484

Special risks, 6.70–6.119
- defective or inadequate packing, 6.74–6.81
- handling, loading, stowage or unloading of goods by the sender, 6.82–6.105
- inadequate marks or numbers, 6.116
- livestock, carriage of, 6.117–6.119
- nature of goods, 6.74–6.81
- open unsheeted vehicles, 6.71–6.73
Storage expenses, 5.45–5.49
Stowage See Loading and stowage
Strikes, 6.6, 6.62
Successive carriage, 11.1–11.139
- alternative arrangements between carriers, 11.138–11.139
- carrier responsible for the loss, damage or delay, 11.69
- concurrent actions and jurisdiction, 11.70–11.72
- consignment note, 11.23–11.55
  - electronic consignment note, 11.24
- contribution between carriers, 11.78–11.104
  - apportionment, 11.91–11.104
  - calculation, 11.109–11.110
  - scope, 11.79–11.90
  - shared responsibility, 11.97–11.99
  - unascertained responsibility, 11.100–11.104
  - counterclaims, 11.77
- documentation, 11.58–11.64
- dated and signed receipt, 11.58
- effect of Article 34, 11.56–11.57
- effect of judgment against claimant carrier, 11.118–11.122
- enforcement of judgments, 11.128–11.130
- examples, 11.111–11.116
- groupage shipments, 11.10–11.12
- insolvency of a carrier, 11.105–11.110
- jurisdiction, 11.123–11.127
- last carrier, 11.66–11.68
- limitation of actions, 11.131–11.137
- nature and scope of liability, 11.73–11.76
- procedural aspects of claims between carriers, 11.117–11.137
- rights of action against carriers, 11.65–11.77
- rights of set-off, 11.77
- scope, 11.1–11.22
- single contract, 11.5–11.9
- trailer operators, 11.52–11.55
- The Ulster-Swift case, 11.13–11.22
Theft, 6.49–6.61
Third parties
- carrier’s liability, 3.1–3.15
  - agents and servants, 3.5
  - nature of liability, 3.12–3.13
  - other persons, 3.6–3.11
  - scope of employment, 3.14–3.15
Time limit
- agreed time limit, 7.2–7.4
- claims, 10.13–10.15
  - partial loss, damage or delay, 10.69–10.72
  - suspension of period of limitation, 10.91–10.131
  - total loss, 10.20
  - wilful misconduct, 9.93, 9.98
  - written claim, 10.108–10.111
- delivery, 7.2–7.6
- no agreed time limit, 7.5–7.6
- reservations, 7.9–7.10
Traffic conditions, 6.45–6.47
Trailer operators, 11.52–11.55
Umbrella contract, 0.35
- consignment note, 4.3
- scope of application of CMR Convention, 1.9–1.11, 4.3
Unfair Contract Terms Act 1977, 1.66
United Nations Convention on International Multimodal Transport of Goods, 0.3, 2.1
Unloading
- cessation of carrier’s liability, 6.13
- combined transport, 2.12–2.17
- impossibility, 5.39–5.44
- special risks, 6.82–6.105
Vehicle
- burst tyre, 6.22, 6.40–6.44
- condition of, 6.40–6.44
- defective condition, 6.63–6.69
- definition, 1.59, 2.7
- open unsheeted, 6.71–6.73
- specially equipped, 6.108–6.115
Warehousing, 6.11, 6.13, 9.51
Warsaw Convention, 0.37–0.38, 6.2
Weight of goods
- check by carrier, 4.26, 4.32
Wilful misconduct, 9.88–9.126
- equivalent default, 9.125
- or equivalent default, 9.94–9.124
- period of limitation, 10.60, 10.68
- remoteness of damage, 9.126
- successive carrier, 11.57
Written notice
- delay, 7.9–7.10
- reservations, 10.9

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

CMR: Contracts for the international carriage of goods by road

Page 479 Index

Page 479

Page 480

Page 481

Page 482

Page 483

Page 484

Page 479

Index