The person considered as the shipper will also have the opportunity to escape its liability if it proves that it is not the shipper by indicating who is really the shipper.

(a) Between the carrier and the shipper

Article 31 regulates the liability of the shipper.

However, one delegation has expressed the view that provided that the actual shipper is liable, the contractual shipper should be relieved of his liability.

Another delegation favours a provision where the actual shipper will be liable if it agrees to be named as the shipper in the contract particulars.

Some delegations have also indicated that they would like to see an explicit provision regulating that the shipper and the actual shipper are jointly liable.

Vicarious liability of the shipper (draft article 35, former 32)

Freight forwarders may thus be both carrier (vis à vis the smaller shipper) and shipper (vis à vis a unimodal carrier, such as a sea carrier).

Material misstatement by the shipper (draft article 32, former 29 bis)

A strict liability is considered to put too much burden on the shipper.

If the shipper does not fulfill this obligation, it may be held liable.

If the carrier is unable, after reasonable effort, to identify and find the controlling party or the shipper, then the person referred to in article 34 (previously 31) is deemed to be the shipper for purposes of this paragraph.

Paragraph 1 of this Article does not affect the responsibilities, liabilities, rights or immunities of the shipper.

One other delegation was of the view that it followed implicitly from the existing text in article 28 that unless otherwise agreed the shipper has an obligation to deliver the goods at the time and place indicated by the shipper.

If the carrier is unable, after reasonable effort, to identify and find the controlling party or the shipper, then the person referred to in article 34 (previously 31) shall be deemed to be the shipper for purposes of this paragraph.

Liability of the carrier and shipper for a breach of obligation under the Convention not already dealt with

In such event, the controlling party or shipper must give instructions in respect of the delivery of the goods.

It is stated that article 88.1 should not contain references to the shipper, the controlling party or the consignee.

The shipment was delayed the shipper stated that it could not find a tanker willing to sail to Cuba.

I might have known. I might have known.

Further it was suggested that the notice to the third party should be required to be given by the shipper.

The shipper will in that situation have a strict liability for providing the information in article 30 (b) and (c).

The draft instrument covered, inter alia, the liability and obligations of carriers, electronic commerce, delivery, shipper obligations, and transport documents.

The carrier must provide to the shipper, on its request and in a timely manner, such information as is within the carrier's knowledge and such instructions that are reasonably necessary or of importance to the shipper in order to comply with its obligations under article 28.

The shipper must try to find the right person to whom delivery should be made, or, if it fails in its efforts, the shipper may take the responsibility for a proper delivery itself by, for instance, requesting the carrier to store the goods on its behalf.

The shipper must provide to the carrier in a timely manner such information, instructions, and documents that are reasonably necessary for

The shipper is the controlling party unless it designates another party to be the controlling party and so notifies the carrier.

Some held the view that the shipper or other cargo claimant were the appropriate persons, while others felt that the shipper, consignee or other cargo interest or holder of a transport document were more appropriate, and still others were dissatisfied with the lack of precision of those terms.

Known Types

Known Applications

Known what?

When you have known that... you will have known ecstasy.

When you have known that... you will have known ecstasy.

However, the view was also expressed that it should not be possible for the parties to increase the obligations of the shipper.

Moreover, it was suggested that a provision should be inserted in the draft instrument to prevent the shipper from decreasing its obligations.

One other delegation has proposed to delete reasonably in the chapeau in that the shipper would have to provide all necessary documents.

Another issue is that the information actually provided must be accurate and that the shipper will have a strict liability for this.

It was further indicated that the one way mandatory approach was compatible with the freedom for the shipper to increase its liability limits.

Delegations who have spoken in favour of variant B tend to emphasize the balance between the liability of the carrier and the shipper.

Problem already known

Autumn s Known Unknowns

Not yet known

Should have known.

Oh, he's known.

I might've known