ROTTERDAM RULES: A NEW INTERNATIONAL REGIME FOR CARRIAGE OF GOODS BY SEA

PATRICK BONNER

FREEHILL, HOGAN & MAHAR

NEW YORK, NEW YORK

APPLICABLE LAWS

a.) COGSAb.) HARTER ACTc.) POMERENE ACTd.) CARMACK AMENDMENTe.) FIRE STATUTEf.) STATE LAWg.) HAMBURG RULESh.) HAGUE- VISBY

CONGRESSMAN HARTER’S CHANCES

CLEVELAND, OHIO, OCT. 29.-THE FIGHT IN THE FOURTEENTH CONGRESSIONAL DISTRICT SEEMS TO BE GOING STEADILY IN CONGRESSMAN HARTER’S FAVOR. FROM THEIR POLL OF THE DISTRICTS AND THE CLOSEST ESTIMATES OF THE EFFECT OF REPUBLICAN DEFECTIONS IN HURON AND LORAIN COUNTIES, THE DEMOCRATS ARE TO-DAY CLAIMING THE RE-ELECTION BY 800 OF THE COURAGEOUS OPPONENT OF FREE SILVER AND CHAMPION OF TARIFF REFORM. THE REPUBLICANS FIND HARD WORK FIGURING OUTA PLURALITY OF 500 FOR E.G. JOHNSON, AND THE BEST INFORMED HESITATE TO GIVE FIGURES AT ALL

THE NEW YORK TIMESPUBLISHED: OCTOBER, 1892

COPYRIGHT © THE NEW YORK TIMES

NEED FOR CHANGE

LACK OF UNIFORMITY

CHANGES IN TRADING PATTERNS, TYPES AND AMOUNTS OF CARGO

CONTAINERS

INTERMODALISM

ELECTRONIC RECORDS

WHO WAS INVOLVED

UNCITRAL CMI TIA

UNCTAD ICC IICL

IUMI FIATA AAR

ICS BIMCO OTIF

IMTA IG ESC

MLA GANG OF FOUR

MICHAEL STURLEY

CHET HOOPER

VINCE DEORCHIS

GEORGE CHANDLER

SCOPE OF THE RULES

IF :A. THE PLACE OF RECEIPT, DELIVERY OR

LOAD OR DISCHARGE PORT IS IN A CONTRACTING STATE AND

B. INTERNATIONAL TRANSPORTUNLESS A CHARTER PARTY OR CONTRACT

FOR USE OF SPACEROTTERDAM RULES APPLY

CARRIER’S PERIOD OF RESPONSIBILITY EXTENDED

CARRIER’S LIABILTY STARTS WHEN IT RECEIVES THE GOODS

ENDS WHEN GOODS ARE DELIVERED

NO MORE TACKLE TO TACKLE

WHAT ABOUT THE HARTER ACT??

VOLUME (SERVICE)CONTRACTS

LIMITED FREEDOM OF CONTRACTCANNOT CONTRACT AWAY CERTAIN DUTIES

THE THIRD PARTY MUST CONSENT TO THE DEROGATION

PARTIES MAY CHOOSE A FORUM

THIRD PARTIES BOUND IF THERE IS TIMELY AND ADEQUATE NOTICE

JURISDICTION

STATE CAN OPT IN OR REJECTNON VOLUME CONTRACT: AVAILABLE FORUMSA. CARRIER’S DOMICLEB. PLACE OF RECEIPTC. PLACE OF FINAL DELIVERYD. FIRST PORT OF LOADINGE. PORT OF FINAL DISCHARGE

SKY REEFER OVERRULED?

ERROR IN NAVIGATION

NO ERROR IN NAVIGATION DEFENSE

MAY BE EASIER TO APPORTION LIABILITY

LIMITATION AMOUNT HIGHER

LIMITS OF LIABILITY

875 SDRS PER PACKAGE OR SHIPPING UNIT

$1.57 PER SDR- $1,374- WELL ABOVE PRESENT $500

DEVIATION

• A DEVIATION DOES NOT DEPRIVE THE CARRIER OF ANY RIGHTS UNDER THE CONVENTION

• CLAIMANT MUST PROVE LOSS ATTRIBUTABLE TO A PERSONAL ACT OR OMISSION DONE WITH INTENT, KNOWLEDGE OR RECKLESSNESS

TIME TO SUE

• TWO YEARS- COGSA WAS ONE YEAR

• INDEMNITY CLAIMS MUST BE BROUGHT LATER OF:

A- LOCAL LAW OR

B- 90 DAYS AFTER INDEMNITEE HAS SETTLED OR BEEN SERVED WHICHEVER IS EARLIER