Definition of liner and non liner transportation (proposed draft article 1, paragraph xx)

Article 84. Arbitration agreement in non liner transportation

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(c) Except as provided in paragraph 2, other contracts in non liner transportation and

Another drafting suggestion was to delete the definition of non liner transportation completely.

(c) Except as provided in paragraph 2, other contracts in non liner transportation and

It was observed that the effect of draft subparagraph 83 (b)(ii) would be a further expansion of freedom of arbitration in the liner industry.

Comment The trade approach has made it necessary to consider definitions of liner service ( liner trade , liner carriage ).

However, it was also observed that the order of the sentences in the proposed draft article 1 (xx) better reflected the use of the notion of non liner transportation in the draft instrument.

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.

A suggestion was also made that the bracketed text a jurisdiction or should be deleted in its entirety from draft article 81 bis, since jurisdiction clauses were not common in the non liner industry, and the intention of the proposal was to preserve the status quo.

The Working Group heard that the intent of the proposed redraft of article 3 (2) was to create an exception to the proposed redraft of article 3 (1) with respect to certain types of carriage in non liner transportation, where the current practice saw the issuance of a transport document or electronic transport record.