The 2008 UNCITRAL Convention commonly known as the Rotterdam Rules promises to
achieve the hitherto elusive goal of a legal unification of international
transport contracts. Its innovative set of rules accommodates such modern
trade practices as those treating the carriage of goods by sea as part of
wider door-to-door commercial transport operations and those relying on
electronic commerce. It closes many gaps in the existing international
transport regime, thoroughly specifying the relation of transport documents to
the rights and obligations between exporters and importers of goods, and
clarifying the interests of credit and insurance in contracts of carriage.
This remarkable book, which will examine the Rotterdam Rules in depth, is
edited and written by international lawyers intimately familiar with the
negotiations leading to the Convention in finished form. It proceeds by a
detailed analysis of each of the Convention’s 18 chapters in turn, in a
clause-by-clause manner, drawing attention to interlinking implications
throughout the document. The book’s lucid insights and guidance are especially
valuable in showing exactly how the Rules improve the existing international
transport regime through its clearer and more complete regulation of such
elements as the following:
• allocation of burden of proof;
• evidentiary value of transport documents and electronic records, including
non-negotiable documents and records;
• freedom of contract in respect of volume contracts;
• continuous character of the obligation of seaworthiness;
• limits of liability;
• rights during transit;
• recovery of loss of and damage to goods caused by accidents of navigation;
• jurisdiction and arbitration;
• role of subcontracted carriers both on sea and inland;
• role of warehouses, transport terminals and stevedoring companies;
• risks and contract practices of lenders;
• interests of freight forwarders, cargo insurers and liability insurers; and
• prevention of maritime fraud.
The authors provide a crystal-clear picture that allows the reader to
appreciate the balanced way in which the interests of the various stakeholders
are addressed by the Rules – the greater legal certainty for each party’s
legal position, the freedom to extend the Rules by contract to the whole
transport operation, the clear legal basis for the use of electronic transport
records, and the flexibility with which the Rules have left room for evolving
trade practices. It will be of immeasurable value to practitioners and all
parties interested in understanding how the new Convention operates and how
the provisions are intended to be applied after the Convention comes into
force.
Foreword by the Editors
Foreword
By Jernej Sekolec
General Introduction
By Francesco Berlingieri
1. General Provisions
By Hannu Honka
2. Scope of Application
By Michael F. Sturley
3. Electronic Transport Records
By José Angelo Estrella Faria
4. Obligations of the Carrier
By Philippe Delebecque
5. Liability of the Carrier for Loss, Damage or Delay
By Alexander von Ziegler
6. Additional Provisions Relating to Particular Stages of Carriage
By Uffe Lind Rasmussen
7. Obligations of the Shipper to the Carrier
By Johan Schelin
8. Transport Documents and Electronic Transport Records
By Tomotaka Fujita
9. Delivery of the Goods
By Gertjan van der Ziel
10. Rights of the Controlling Party
By Stefano Zunarelli and Chiara Alvisi
11. Transfer of Rights
By Stefano Zunarelli
12. Limits of Liability
By Yuzhuo Si and Ping Guo
13. Time for Suit
By In Hyeon Kim
14. Jurisdiction
By Manuel Alba Fernández
15. Arbitration
By Chester D. Hooper
16. Validity of Contractual Terms
By Hannu Honka
17. Matters Not Governed by This Convention
By Hannu Honka
18. Final Clauses
By Kate Lannan
19. Conclusion
By Rafael Illescas Ortiz
Appendix. United Nations Convention on Contracts for the International
Carriage of Goods Wholly or Partly by Sea