The person considered as the shipper will also have the opportunity to escape its liability if it proves that it is not the shipper by indicating who is really the shipper.

(a) Between the carrier and the shipper

Article 31 regulates the liability of the shipper.

However, one delegation has expressed the view that provided that the actual shipper is liable, the contractual shipper should be relieved of his liability.

Another delegation favours a provision where the actual shipper will be liable if it agrees to be named as the shipper in the contract particulars.

Some delegations have also indicated that they would like to see an explicit provision regulating that the shipper and the actual shipper are jointly liable.

Vicarious liability of the shipper (draft article 35, former 32)

Freight forwarders may thus be both carrier (vis à vis the smaller shipper) and shipper (vis à vis a unimodal carrier, such as a sea carrier).

Material misstatement by the shipper (draft article 32, former 29 bis)

A strict liability is considered to put too much burden on the shipper.

If the shipper does not fulfill this obligation, it may be held liable.

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If the carrier is unable, after reasonable effort, to identify and find the controlling party or the shipper, then the person referred to in article 34 (previously 31) is deemed to be the shipper for purposes of this paragraph.

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Paragraph 1 of this Article does not affect the responsibilities, liabilities, rights or immunities of the shipper.

One other delegation was of the view that it followed implicitly from the existing text in article 28 that unless otherwise agreed the shipper has an obligation to deliver the goods at the time and place indicated by the shipper.

If the carrier is unable, after reasonable effort, to identify and find the controlling party or the shipper, then the person referred to in article 34 (previously 31) shall be deemed to be the shipper for purposes of this paragraph.

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