Issue 5 The definition of contract of carriage

(b) evidences or contains the contract of carriage,

(a) agree with the carrier on any variation of the contract of carriage

This provision reads any holder that is not the shipper does not exercise any rights under the contract of carriage solely by reason of the fact that it

3. A carrier's public schedule of prices and services, transport document, electronic transport record, or similar document is not a volume contract under paragraph 1, but a volume contract may incorporate such documents by reference as terms of the contract.

(b) the time of delivery of the goods is prior to the completion of their final discharge under the contract of carriage.

A partnership with the Social Transport Service (SEST) and the National Service for Transport Training (SENAST) resulted in the design of a capacity building program for 25,000 motorists, through the National Transport Confederation (CNT) network.

(a) the time of receipt of the goods is subsequent to the commencement of their initial loading under the contract of carriage, or

It was suggested that the inclusion of such a phrase would promote certainty regarding the application of the draft instrument to situations where the contract of carriage did not specify how the carriage was to take place, but where the actual carriage was by sea.

References to places and ports mean the places and ports agreed in the contract of carriage.

Further, it was thought that a contract could implicitly provide for carriage by sea, and that, in any event, the key for determining the scope of application of the draft instrument was the contract of carriage, not the actual carriage of the goods.

Some delegations are of the view that this is a commercial matter, which the parties would always agree on anyway in the contract of carriage.

The right of control under a contract of carriage may be exercised by the controlling party only and means the right to

An additional condition suggested for inclusion in this regard was that the contract of carriage should be individually or mutually negotiated, such that it would be distinguishable from an adhesion contract.

In the absence of any such specific provision in the contract of carriage or of such customs, practices, or usages, the time and place of delivery is that of the discharge or unloading of the goods from the final vessel or vehicle in which they are carried under the contract of carriage.

As an example if the contract of carriage includes a provision the consignee shall accept the goods alongside the vessel as fast as she can deliver , the responsibility of the carrier (under the contract of carriage) ends when he has placed the goods on the quay.

References to contractual places and ports mean the places and ports provided under the contract of carriage or in the contract particulars.

However, it was observed that draft article 88a (2) mandated that all derogations should be contained in the contract of carriage.

Subject to article 85, if a contract of carriage subject to this Convention includes an arbitration agreement, the following provisions apply

Rail transport in Lebanon began in the 1890s and continued for most of the 20th century, but ceased in the 1970s as a result of the country's political difficulties.

(c) The contract of carriage provides that this Instrument, or the law of any State giving effect to it, is to govern the contract.

(d) the contract of carriage provides that this Instrument, or the law of any State giving effect to it, is to govern the contract.

It was suggested that the word is in draft article 88a (3) should be replaced by the words does not provide evidence of or a similar expression to signify that the transport document should not be used to evidence the contract of carriage.

It was also suggested that the discussion in this regard could be somewhat more nuanced, since depending on what type of transport document was issued, a consignee could in some jurisdictions actually be bound by the contract of carriage.

The consequence of these provisions is that loading, stowing and discharging are placed within the boundaries of the contract of carriage and, therefore, under the draft Convention.

21. Takes note of the decision to hold ministerial meetings in the areas of transport and communications, energy petroleum, environment, agriculture and information technology in 2004 and 2005

It was suggested that the draft text did not provide sufficient distinction between the right of the controlling party to give instructions to the carrier and the right to amend the contract of carriage.

The second part, held on 31 March 2005, was dedicated to an expert discussion on Indicators to Measure Progress in Establishing Transit Systems .

Article 28 contains a general obligation to deliver the goods ready for carriage, unless otherwise agreed in the contract of carriage.

In particular, it was indicated that reference to contractual relationships would not be appropriate in the case of maritime performing parties, for whom the contract of carriage had less relevance.

The carrier that delivers the goods upon instruction of the controlling party or the shipper under this paragraph is discharged from its obligations to deliver the goods under the contract of carriage.

Under the purchase agreement with Vendor C, ABC is required to pay the purchase price for the conveyor equipment when it is installed in ABC's plant and rendered operational.

The shipper must deliver the goods ready for carriage, unless otherwise agreed in the contract of carriage, and in such condition that they will withstand the intended carriage, including their loading, handling, stowage, lashing and securing, and discharge, and that they will not cause injury or damage.

For the purpose of determining the carrier's period of responsibility and subject to paragraph 14(2) (previously 11(2)), the contract of carriage may not provide that

It was suggested that the proposed bracketed text for the redraft of article 2 (1)(c) should be deleted, since, in the absence of a reference to internationality in the definition of the contract of carriage, the text might enable parties to a contract of domestic carriage to opt for the application of the draft instrument.

The express consent must demonstrate that the consenting party received a notice that prominently states that the volume contract derogates from provisions of the Instrument and the consent shall not be set forth in a carrier's public schedule of prices and services, transport document, or electronic transport record.

Also, with a view to analysing and promoting practical measures that could help to improve transit transport operations, UNCTAD convened an Expert Meeting on the Design and Implementation of Transit Transport Arrangements , in Geneva from 24 to 26 November 2004.

Notwithstanding chapters 4 and 5 of this Instrument, the terms of the contract of carriage may exclude or limit the liability of both the carrier and a maritime performing party if

A smaller number of delegations expressed the strongly held view that the draft instrument should not allow parties to a contract of carriage to agree to exclusive jurisdiction clauses.

In response, it was indicated that only selected provisions of other international agreements would be applicable to the contract of carriage under the draft instrument, and that the proposed text of draft article 88a (5) would allow derogation from these selected provisions in a volume contract.

Road passenger and freight transport expanded considerably during the 1980s as private ownership of motor vehicles greatly increased along with the quality and extent of the nation's roads.

Rather, the carrier's standard terms of contract, as also contained in or referred to in transport documents, such as a bill of lading or sea waybill, will be incorporated into the service contract.

However, another view suggested that protection from a multiplicity of claims could instead be achieved by inserting an exclusive choice of forum clause into the contract of carriage.

The Working Group considered the general question of whether the draft instrument should allow for parties to the contract of carriage to agree to an exclusive jurisdiction clause.

When the carrier delivers upon instruction of, in principle, the controlling party, the carrier is discharged from its obligation under the contract of carriage to deliver to the consignee.