(a) Between the carrier and the shipper

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).

In such event, the shipper, being the original contractual counterpart of the carrier, has to assume the responsibility of advising the carrier about delivery.

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

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.

The shipper is deemed to have guaranteed to the carrier the accuracy at the time of receipt by the carrier of the information, instructions and documents that it provides under article 30.

Delegations who have spoken in favour of variant B tend to emphasize the balance between the liability of the carrier and 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) is deemed to be the shipper for purposes of this paragraph.

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.

Some delegations have also pointed out that they would like to limit the scope of the provision to the relationship between the shipper and the carrier.

Article 3(2) is important in the relationship between the shipper and the carrier, as third party mandatory protection arises in any case under article 5.

The shipper is liable to the carrier for loss, damage and injury caused by the goods, and for breach of its obligations under article 28 and article 30.

Regarding the obligation to inform, the shipper is only liable if the carrier does not otherwise have knowledge of the dangerous character of the goods.

This Instrument applies without regard to the nationality of the ship, the carrier, the performing parties, the shipper, the consignee, or any other interested parties.

2. This Instrument applies without regard to the nationality of the ship, the carrier, the performing parties, the shipper, the consignee, or any other interested parties.

2. This instrument applies without regard to the nationality of the ship, the carrier, the performing parties, the shipper, the consignee, or any other interested parties.

2. This Instrument applies without regard to the nationality of the ship, the carrier, the performing parties, the shipper, the consignee, or any other interested parties.

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.

First, all existing international regimes establish minimum levels of carrier liability, which apply mandatorily, that is to say the relevant substantive rules on liability of the carrier may not be contractually modified to the detriment of the shipper or consignee.

Other jurisdictions rely on the act or omission of the shipper' exception in order to relieve the carrier from the consequences of improper stowage of the cargo.

Delegations were asked whether they wished to include a rule that, unless otherwise agreed, the shipper has to deliver the goods at the time and place indicated by the carrier.

Finally, at the end of this questionnaire, the matter of the liability of the carrier and the shipper for any breach of their obligations under the delivery provisions is raised.

One reason for this was that it is particularly important that the shipper provide the carrier with correct information and that the latter may suffer damage because of a material misstatement.

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.

(c) If the consignee does not claim delivery of the goods from the carrier after their arrival at the place of destination, the carrier must so advise the controlling party or, if it, after reasonable effort, is unable to identify the controlling party, the shipper.

It was noted that certain provisions pertaining to the obligations of the shipper, such as those pursuant to draft articles 25 and 27, and to the draft article 26 obligation of the carrier to provide information to the shipper upon request, were considered to have safety implications, and were thus open to consideration for similar treatment.

In paragraph 2 and 3 it is regulated that the shipper must mark and label the dangerous goods and that it has an obligation to inform the carrier of the dangerous nature or character of the goods.

In paragraph 2 in the alternative text, the shipper has a strict liability for the information that he provides, unless the carrier or anyone for whom it is responsible caused the inaccuracy.

The carrier that delivers the goods upon instruction of the controlling party or the shipper under this paragraph is discharged from its obligations to deliver the goods under the contract of carriage.

The effect of such a regulation will be that the carrier may claim compensation directly from the actual shipper and that the latter may make use of the defences in the chapter on shipper's obligations.

Some felt that the latter was the more practicable solution, since it was common for a shipper seller to instruct the carrier to contact him on arrival at the destination immediately before delivery.

Notwithstanding paragraph 1 the shipper is not liable for acts and omissions of the carrier or a performing party on the carrier's side to which it has delegated the performance of its responsibilities under this chapter.

What could be added are one or more provisions setting out the standard of liability of the carrier and shipper if one of these is in breach of any of its obligations in respect of delivery.

The reasons for this are that the chapter regulates the obligations of the shipper and that this specific obligation is already covered by the general provisions on carrier obligations and liability set out elsewhere in the draft convention.

(i) Carrier

Carrier Losses

No Carrier

Load Carrier.

Others felt that the instruction to the carrier, in such a situation, could be to contact the shipper seller shortly before arrival at the destination and that the present wording of article 56 (d) could be preserved.

Others felt that the instruction to the carrier, in such a situation, could be to contact the shipper seller shortly before arrival at the destination and that the present wording of article 54 (d) could be preserved.

It sets out the principle that it is the obligation of the controlling party (which in these situations often will be the shipper) to secure that the carrier is able to deliver the goods.

The alternative text is based on the assumption that the liability for not providing the reasonable information, documents, etc. ought to be based on negligence with a reversed burden of proof (the text mirrors in this respect the provision on carrier liability) and that the scope of the provision should be the relationship between the shipper and the carrier.

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.

The Working Group next considered whether a derogation from the draft instrument that was applicable as between the carrier and the shipper should extend to third parties to the contract who had expressly consented to be so bound.