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The Harmonization of Liability Regimes Concerning Loss of Goods During Multimodal Transport

The terms “multimodal transport”, “combined transport”, “intermodal transport” are all used in the context of cargo movement from origin to destination. These terms have similar (although not the same) meaning, i.e. carriage of goods by more than one mode of transport through single fright contract. Containers enable transport of utilised cargo from its origin to its final destination, with a high level of efficiency and at least possible risk. Unfortunately, technical developments of multimodal carriage of goods are not supported by adequate legal framework. Despite various attempts that have been made in the past, there is no mandatory international convention governing multimodal carriage. The 1980 Multimodal Convention drawn by the UN has not come into force and is not likely to do so. All applicable international conventions are unimodal, i.e. applicable (in principle) only to specific mode of transport (sea, road, rail, air, inland waterways). Provisions contained in each of these unimodal conventions may be applicable to the relating leg of multimodal transport. One should note that provisions of existing unimodal conventions governing the important issues related to the liability of the multimodal transport operator (MTO) differ significantly. Such important issues are: bases of MTO’s liability, limits of liability, loss of right to limit liability, liability of MTO for his agents and servants etc. Therefore, MTO can not be certain which regime applies to his liability for the loss of goods. This problem is especially noticeable in the cases involving “non-localized loss”, i.e. cases in which the place where the loss of or damage to the goods was caused can not be determined. Therefore, there is up to parties to create their own contractual solutions for multimodal transport of goods, taking into account mandatory provisions of unimodal conventions and applicable national laws. Some helpful contractual standard rules have been created in commercial practice (Uniform Rules for a Combined transport document and UNCTAD/ICC Rules for Multimodal transport documents). In spite of that, a large majority of industrial representatives and Governments consider the present legal framework unsatisfactory. Existing unimodal conventions applicable to the separate legs of multimodal carriage shall be analysed and compared in this paper. The most frequently used contractual standard rules shall also be examined. The objective of this paper is to explore possibilities for harmonization of liability regimes governing multimodal carriage of goods and to make suggestions in order to achieve this goal.

multimodal transport; carriage of goods; liability of the multimodal transport operator; international transport conventions; 1980 Multimodal Convention

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