Freight Forwarding and Multi Modal Transport Contracts

566 Pages·2013·2.771 MB·English

by  David Glass

FREIGHT FORWARDING AND
MULTIMODAL TRANSPORT
CONTRACTS
SECOND EDITION
MARITIME AND TRANSPORT LAW LIBRARY
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FREIGHT FORWARDING
AND
MULTIMODAL TRANSPORT
CONTRACTS
SECOND EDITION
By
DAVID A. GLASS
LLM, FHEA
Senior Lecturer
Cardiff Law School
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Informa Law from Routledge is an imprint of the Taylor & Francis Group, an Informa business

First Edition, 2004
Second Edition, 2012
© 2012 David A. Glass
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
ISBN: 978–1–84214–595–1
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by the name of Lloyd’s.
To my wife Jane
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PREFACE TO SECOND EDITION
In the eight years since the first edition of this book there have been some major
developments alongside a gradual evolution. The major developments include the
adoption by the United Nations of the Convention on Contracts for the Inter-
national Carriage of Goods Wholly or Partly by Sea (The Rotterdam Rules) and the
adoption by the EU of the Rome I and Rome II Regulations. Whilst the Rotterdam
Rules are not yet in force, their adoption now forms a major part of the current
discourse across many of the areas covered by this book and their potential impact,
particularly on the liabilities and documentation used by parties to multimodal
contracts, is charted at various points. The new EU legislation is in addition to the
ever burgeoning case law in the areas of conflicts of law and jurisdiction. Whilst only
a limited account of these areas is possible, it is hoped that a sufficient guide is given
to enable the overall developments to be appreciated in the practical context of the
forwarding and multimodal transport industry.
From the evolutionary perspective there have been subtle rather than major
changes to the development of documents used in the industry, at least as
embodiments of contract terms. In terms of form, the change towards electronic
documentation continues apace although still mainly in terms of the development of
a paper-free environment rather than one that is entirely paperless. However, this
book is focused on the development of standard terms affecting legal liability in
which the picture is more one of evolution than revolution. Radical change has not
so far affected the main terms used in English practice, although more attention
must now be given to the continuing development in respect of logistics contracts
in which comprehensive and standardised sets of terms are making more of an
appearance. The reader will find that, in many cases, whilst new standard terms
have come to replace older ones, they still tend to reflect or build on older forms.
Consequently, whilst the book endeavours to reflect standard forms currently in
use, reference is still made to some of the older forms, which, whilst no longer in
everyday use, may continue to provide a useful comparator for appropriate wording.
This is especially true of the ICF (Intercontainer-Interfrigo) terms, which, despite
the demise of the company, still provide a major example of comprehensive terms
available for international rail container carriage. A particular difficulty, however, in
reflecting current usage, is the reluctance of some organisations and companies to
make their terms available for discussion in a book such as this. This is unfortunate,
since a discussion based on concrete examples can perhaps be of assistance to
effective drafting. Special thanks, therefore, are due to those organisations and
vii
PREFACE TO SECOND EDITION
companies that have been willing to let me have sight of and reproduce their terms
and conditions.
Among the more notable of the many cases decided since the first edition are:
Datec Electronic Holdings Ltd v.United Parcels Service Ltd,with a robust view taken by
the House of Lords of a contract of carriage despite limitations on acceptable goods
sought to be imposed by the contractor; Jet2.Com Limited v. Blackpool Airport
Limited,which reflects the increasing importance of co-operation duties in the
context of long-term business collaboration of the type seen in contract logistics;
Geofizika DD v. MMB International Ltd Greenshields Cowie & Co Ltd (Third Party)
(The ‘‘Green Island’’) where the Court of Appeal has delivered a salutary lesson to
forwarders about the potential danger in giving a warranty to insurers of under deck
shipment and Röhlig (UK) Ltd v. Rock Unique Ltd, where the Court of Appeal has
continued to affirm the reasonableness of the time limit in BIFA conditions.
My thanks are due to the staff at Informa for their assistance, particularly the
considerable support and assistance given to me by Nicola Whyke and the hard
work of Chris Betney and the production team. I am grateful also for the
encouragement and support of my wife, my friends and my friends and colleagues
at Cardiff Law School, notably James Davey, Cliona Kelly and especially Dominic
De Saulles without whose efforts to revive my sometimes flagging spirit this second
edition would have been even further delayed.
I have endeavoured to state the law as at the end of August 2012.
David A. Glass
Cardiff
viii
PREFACE TO FIRST EDITION
This book reworks material previously contained in Parts 6 and 7 of Contracts for the
Carriage of Goods by Land, Sea and Air, first published by LLP in 1993 and
maintained, until now, as part of the looseleaf service for that publication. It is
hoped that the format now adopted will make the material easier to access. The
opportunity has been taken to rewrite some of the material, in some areas
substantially, in order to provide what will now be, it is hoped, a clearer account.
Equally, it is intended that the overview now provided in Chapter One will enable
the links between different parts of the work to become more apparent.
While the previous work placed material on freight forwarding and multimodal
transport in distinct parts, they are brought together here. They are naturally linked:
the modern world of transport of goods draws on the skills and services of both
intermediaries and operators in a movement towards increasing provision of
integrated intermodal transport, as well as expanding to capture a market in value-
added services. Linked also is the use of the maritime container and other means of
consolidating goods that have produced much of the motive power behind the
provision of such services.
As in its previous incarnation, the work focuses on standard contract terms and
provisions drawn from each of these three streams. This includes terms in direct
operation, whether appearing in contract forms in use or as the standard trading
conditions of a trade association such as BIFA. It includes also provisions contained
in international materials such as rules produced by the International Chamber of
Commerce or through the United Nations such as the International Convention on
Multimodal Transport. These can provide either a potential source of contract terms
or form part of a wider context into which contract terms can be placed. The overall
aim is to provide a reference guide to many of the terms themselves and to the legal
issues and materials related to them generally from a perspective of English law.
A recent development likely to become an important part of the context is the
work being undertaken under the auspices of UNCITRAL towards a new inter-
national convention covering carriage of goods by sea and including provisions
relevant to door-to-door movements. Discussion of the development so far is
included. Some endeavour has also been made to take account of the increasing
interest in more widely based logistics contracts.
My thanks are due to the staff at Informa for their assistance, most notably Wendy
Gill, Victoria Ophield and Lyn Overton.
I have endeavoured to state the law as at the end of July 2004.
DAVID A GLASS Cardiff
ix