Examples of using Contracts of carriage in English and their translations into Arabic
{-}
-
Colloquial
-
Political
-
Ecclesiastic
-
Ecclesiastic
-
Computer
Article" x", however,dealt with the specific application of the Model Law to contracts of carriage.
Subject to article 6, this Convention applies to all contracts of carriage by sea between two different contracting States, if.
The definition of a volume contract given in article 1 of the draftinstrument could cover a wide range of contracts of carriage.
For such passengers, the applicable treaty, including special contracts of carriage embodied in any applicable tariffs, governs and may limit the liability of the carrier.
There was support for the view that the draft convention shouldpermit the untrammelled enforceability of arbitration agreements in contracts of carriage.
People also translate
Each Contracting State shall apply this Convention to contracts of carriage concluded on or after the date of the entry into forceof this Convention in respect of that State.
The Working Group had taken care not to override any such provisions; article" x" was intendedonly to fill a vacuum in the laws governing contracts of carriage.
It was observed that the proposed redraft of article 3(1)was intended mainly to exclude contracts of carriage in non-liner transportation from the scope of application of the draft instrument.
There was support for the view that in the interests of clarity, the validity of exclusive choice of court agreements should not be limited to volume contracts, but should be extended to all contracts of carriage.
It was suggested that a simpler way of expressing the same idea would be to provide that rules applicable to contracts of carriage evidenced bypaper documents should also apply to contracts of carriage evidenced by data messages.
Mr. CHANDLER(United States of America) said that draft article" x" represented an interesting proposal in support of electronic bills of lading and provided rules that could beadapted to various types of bills of lading or contracts of carriage.
There is no justification to be found in the draft convention formaking these provisions applicable not only to contracts of carriage by sea only, but also to contracts providing for the performance of part of the carriage on land.
Other concerns were raised that particularly careful drafting would be necessary to avoid the increased breadth of the concept of volume contracts resulting in the inadvertent inclusion in the draft instrument of some contracts of carriage in the non-liner trade.
Subject to Articles 3(1), this Instrument applies to contracts of carriage in which the place of receipt and the place of delivery are in different States, and the port of loading[of a sea carriage] and the port of discharge[of the same sea carriage] are in different States.
The figures in article 61 are considerably lower than other non-maritime conventions andthis may cause a problem in some multimodal contracts of carriage where the damage is non-localized.
However, it was also said that in current trade practice, small shippers generally preferred to resort to rate agreements,which were not contracts of carriage but which guaranteed a maximum rate without specifying volume, rather than committing to volume contracts, and that the attractiveness of rate agreements combined with market forces would minimize any potential exposure to abuses by carriers under the proposed OLSA regime.
The Rotterdam Rules, which, at the time of writing, have been signed by 21 States representing over 25 per cent of world trade volume, have been characterized as a" maritimeplus" convention in light of their application to door-to-door contracts of carriage.
Although the draft convention is not a true multimodal convention, it has been characterized as a" maritimeplus" convention in light of its application to door-to-door contracts of carriage, and thus could include inland transport ancillary to the international maritime leg.
Subject to article 6, this Convention applies to contracts of carriage in which the place of receipt and the place of delivery are in different States, and the port of loading of a sea carriage and the port of discharge of the same sea carriage are in different States, if, according to the contract of carriage, any one of the following places is located in a Contracting State.
As well, it was recalled that the Working Group had previously agreed that the coverage under the new convention should be at least as broad as what was already covered under the Hague and Hague-Visby Rules,which also applied to contracts of carriage under bills of lading in non-liner transportation.
However, it was also said that in current trade practice, small shippers generally preferred to resort to rate agreements,which were not contracts of carriage but which guaranteed a maximum rate without specifying volume, rather than committing to volume contracts, and that the attractiveness of rate agreements combined with market forces would minimize any potential exposure to abuses by carriers under the proposed OLSA regime.
It was noted that FIO(S) clauses were most commonly used in non-liner carriage, which fell outside the scope of application of the draft convention,but that the draft convention could be applicable to contracts of carriage in non-liner transport by way of the operation of draft articles 6, paragraph 2, and 7.
Since, generally speaking, the view of the Working Group was that shippers in the case of this paragraph needed greater protection,as the paragraph related to contracts of carriage other than a volume contract, there was support for the view to retain the references to" or increases" and to delete the square brackets surrounding them.
In addition, a view was expressed that a preferable approach to a blanket exemption might be to provide more clearly in the text that the draft convention did not apply if maritime transport was neither contemplated nor actually performed, since it was suggested thatfreight forwarders needed the flexibility to perform contracts of carriage in the manner they saw fit, including the right to use the optimal modes of transport.
The UNECE Working Party on Intermodal Transport and Logistics had postponed, as a result of the current work of UNCITRAL on international transport instruments, work on the preparation of a civil liability regimeapplicable to European intermodal transport extending to all contracts of carriage involving a sea leg, irrespective of their length or economic importance.
(b) Evidences or contains a contract of carriage.
Contract of carriage".
The contract of carriage should meet the requirements of proposed new article 88a;
It was observed that the consignee was not a party to 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.