(c) subject to paragraph 2, other contracts in non liner services.

Scope of application draft article 3 (1) (a) and (b) refer to liner services as well as to non liner services because certain forms of charter parties (such as slot charters and space charters) and volume contracts are regularly used in liner services.

In addition, definitions of liner service and non liner service were proposed for inclusion in the definition section at article 1 of the draft instrument in order to clarify scope of application draft article 3, below.

I. Non mandatory application of the draft instrument to service contracts OLSAs

Support was expressed for this approach to OLSAs in the draft instrument.

Another advantage was said to be that the concept of volume contracts was preferable to that of OLSAs, as it was a broader and more universal concept.

2. This Instrument applies to contracts of carriage in non liner services under which the carrier issues a transport document or an electronic record that

In particular, common carriage transactions in non liner trades in which a bill of lading is issued should continue to be governed by the draft instrument.

Scepticism was expressed regarding whether it was necessary to safeguard the jurisdiction regime set out in the draft convention by reducing the freedom to arbitrate in the liner industry, which had never made broad use of arbitration, and, it was suggested, was unlikely to do so to thwart jurisdiction.

Such a drafting approach was also said to be favourable in that it obviated the need for a definition of OLSAs, which had been an issue of some concern in the Working Group.

Issue 1 Should OLSAs be included within the scope of application of the draft instrument as volume contracts, the inclusion of which would be determined by the character of the individual shipments thereunder?

CD ROM

It has been suggested that OLSAs, as described (in WP.34), should not be excluded altogether from the scope of application of the draft instrument, but should be exempt from its mandatory application.

General support was expressed for this suggested technique for the inclusion of OLSAs into the scope of application scheme for the draft instrument under consideration by the Working Group.

Burning CD

Copying CD

The Working Group agreed that an informal drafting group should prepare the necessary adjustments to the existing scope of application provisions in order to improve the drafting and to accommodate the inclusion of OLSAs therein.

Burning audio CD

Burning data CD

Simulation of CD copying

Simulation of audio CD burning

Simulation of data CD burning

Burning image to CD

The Working Group considered draft article 14 on the basis of liability, and freedom of contract (draft articles 1, 2, 88 and 89), including scope of application, third parties and Ocean Liner Service Agreements (OLSAs).

Over against the twenty cubits which belonged to the inner court, and over against the pavement which belonged to the outer court, was gallery against gallery in the third story.

Over against the twenty cubits which were for the inner court, and over against the pavement which was for the utter court, was gallery against gallery in three stories.

Simulation of image to CD burning

Image successfully burned to CD

Data CD successfully burned

The Working Group considered whether it was acceptable that OLSAs be treated as a type of volume contract in the draft instrument, which would be regulated as part of the general scope of application provisions.

disc cdrom dvd burn audio video

Please insert a disc holding data.

Please insert a writable CD.

Write contents to a CD or DVD

It was further observed that, while in principle under this approach arbitration clauses contained in bills of lading would be unenforceable, specific exemptions should be foreseen for special liner trades.

Write disc image to a CD or DVD

Regular reports

Capacity building for the production of nautical charts

At its fifteenth session, the Working Group is expected, during the first week of its session, first to continue with its consideration of freedom of contract, including OLSAs and scope of application, and next to consider jurisdiction and arbitration.

Please insert a writable CD or DVD.

In this context, the treatment in the draft instrument of so called service contracts or Ocean Liner Service Agreements (as described in UNCITRAL A CN.9 WG.III WP.34, paras.

These new provisions do not address the issue of Ocean Liner Service Agreements (OLSAs) (see A CN.9 WG.III WP.34 and A CN.9 WG.III WP.42), and will need to be reconsidered in light of the Working Group's decision in that regard.

Regular follow up.

More is at stake than maritime interests.

It was observed that this approach would preserve the existing practice in non liner trade where recourse to arbitration under charter parties and charter party bills of lading was not uncommon, ensure uniformity of rules, and favour freedom of contract while preventing possible circumvention of jurisdiction rules under the draft instrument.