International Multimodal Transport of Goods

• This document outlines the Final Act and Convention on International Multimodal Transport of Goods.
• The United Nations Conference on a Convention on International Multimodal Transport convened.
• The conference was held at Geneva from November 12-30, 1979, with a resumed session on May 8-24, 1980.
• Volume I includes the Final Act and the Convention on International Multimodal Transport of Goods.

Participating Members

• Representatives from 77 UNCTAD members participated in both conference parts.
• These included Algeria, Argentina, Australia, Austria, Belgium, and others.
• An additional 10 UNCTAD members attended only the first part of the conference.
• A further 5 UNCTAD members participated solely in the resumed session.
• The Economic Commission for Africa and the Economic Commission for Europe were represented.
• The United Nations Industrial Development Organization was present.

Organizations Involved

• Several specialized agencies, intergovernmental, and non-governmental organizations took part.
• Specialized agencies included the International Civil Aviation Organization and Inter-Governmental Maritime Consultative Organization.
• Intergovernmental organizations included the Central Office for International Railway Transport, and the Customs Co-operation Council.
• Non-governmental organizations included the International Chamber of Commerce and the International Federation of Freight Forwarders Associations.
• Certain organizations only participated in either the resumed session or had observers present.

Conference Leadership

• Mr. E. Selvig (Norway) was elected President of the Conference.
• Representatives from various countries were elected as Vice-Presidents.
• Mr. P. Romano Moreira (Brazil) was chosen as Rapporteur.

Committees Established

• A General Committee, First Committee, Second Committee, Drafting Committee, and Credentials Committee were formed.

UNCTAD Representation

• Mr. G. Corea, Secretary-General of the United Nations, represented the UN.
• Mr. A. Al-Jadir, Director of the Shipping Division of the UNCTAD secretariat, served as Director-in-Charge.
• Mrs. C. Sramek, Assistant Secretary of the Trade and Development Board of UNCTAD, was the conference secretary.

Convention Adoption

• The United Nations Convention on International Multimodal Transport of Goods was adopted on May 24, 1980.
• It opened for signature in New York from September 1, 1980, to August 31, 1981, and then for accession.
• The Convention is deposited with the Secretary-General of the United Nations.
• Articles I to VI regarding customs matters related to international multimodal transport of goods are annexed.

Definitions

• "International multimodal transport" involves carriage of goods by at least two different modes based on a multimodal transport contract from one country to another.
• "Multimodal transport operator" acts as a principal, concluding a multimodal transport contract.
• "Multimodal transport contract" is an agreement where the operator undertakes international multimodal transport for freight payment.
• "Multimodal transport document" evidences the contract and the operator's undertaking.
• "Consignor" is the party concluding the contract, and "Consignee" is the party entitled to take delivery.
• "Goods" encompasses any container, pallet, or similar transport article supplied by the consignor.

Scope of Application

• The provisions apply to all multimodal transport contracts between places in two States.

Mandatory Application

• The Convention's provisions are mandatorily applicable to multimodal transport contracts.

Regulation and Control

• The Convention doesn't affect the application of international conventions or national law related to transport operations regulation and control.
• Each state has the right to regulate/control multimodal transport operations.
• The multimodal transport operator must comply with applicable laws of the country where operating.

Multimodal Transport Document

• Upon taking charge of goods, the multimodal transport operator will issue a multimodal transport document.
• It will be issued in either negotiable or non-negotiable form, as chosen by the consignor.

Negotiable Multimodal Transport Document

• It must be made out to order or to bearer for transferability.
• Delivery can be demanded only against surrender of the document.
• The operator is discharged upon good-faith delivery against surrender of one of the originals.

Non-Negotiable Multimodal Transport Document

• It must indicate a named consignee for delivery.
• The operator is discharged upon delivery to the named consignee, or as duly instructed in writing.

Contents of The Multimodal Transport Document

• The document must contain particulars of the goods as given by the consignor.
• This includes, the general nature, identification marks, dangerous goods statement if applicable, and number of packages/pieces.
• It also includes the gross weight/quantity, the apparent condition of the goods, the operator's name/business location, and the consignor's name.
• The document gives a place for the consignee (if named), the place/date of taking goods in charge, the place of delivery of the goods, and the agreed date/period of delivery if specified.
• It must include a signature, freight details (if agreed), and the intended journey route.

Reservations

• The operator must insert a reservation specifying any inaccuracies or suspicions about the goods' particulars.

Liability For Intentional Misstatements or omissions

• The operator is liable for loss/damage to a third party.
• This is in relations to false information regarding the goods or omitted information.
• They must have acted in reliance on the goods' description in the document.

Guarantee by the consignor

• The consignor guarantees the accuracy of the provided particulars to the operator.
• The consignor shall indemnify the operator against loss.

Period of Responsibility

• The operator's responsibility covers the period from taking the goods in charge to their delivery.

The Liability Of The Multimodal Transport Operator For His Servants, Agents

• The operator is liable for the acts and omissions of their servants/agents.

Basis of Liability

• The operator is liable for loss from loss/damage to the goods and from delay in delivery.
• He has to be in charge of the goods.
• The operator must to prove those referred to in article 15 took all measures that could reasonably be required to avoid the occurrence and its consequences.

Limitation of Liability

• The liability will be limited to an amount not exceeding 920 units of account per package or other shipping unit.

Concurrent Causes

• Where fault/neglect combines with another cause, the operator's liability is limited to the attributable extent.

Non-Contractual Liability

• The defenses and limits of liability apply in any action against the operator, whether founded in contract, tort, or otherwise.

Loss of the Right to Limit Liability

• The operator loses the right to limit liability if the loss/damage resulted from intentional or reckless misconduct.

Liability of the consignor

• The consignor is liable for loss sustained by the operator if it is caused by their fault/neglect.

Special Rules on Dangerous Goods

• They must be marked/labeled as dangerous.
• If handing over to the operator, the consignor must inform them of the dangerous character of the goods.
• He has to state necessary precautions.

Notice of Loss, Damage or Delay

• Notice of loss/damage must be given in writing to the operator.
• It has to be no later than the working day after the goods were handed over to the consignee.

Limitation of Action

• Actions must be launched within two years.
• The notification has to be in writing, stating the claim itself.

Jurisdiction

• The plaintiff can institute an action in a competent court within the jurisdiction of one of several places.
• It can be, The defendant's principal place of business.

Arbitration

• Disputes may be referred to arbitration by agreement.

Contractual Stipulations

• Any stipulation in a the contract which derogates from the the convention shall be null and void.

General Average

• The convention does not prevent the application of of general average terms in a transport contract.

Other Conventions

• This Convention does not modify the rights or duties provided for in several Brussels and London Conventions

Unit of Account or Monetary Unit and Conversion

• The unit of account referred to is the Special Drawing Right as defined by the International Monetary Fund.

Customs transit

• Contracting States shall authorize the use of the procedure for international multimodal transport.