(ii) As for the proposal of the Secretariat of the Commission to add the words or agreement after the word contract in paragraph 1, we consider that the formulation of paragraph 1 should be left as it is now, for, in some countries, the term agreement is a broad concept with extended meanings, sometimes even beyond the field of law.

We would like to bring to the attention of the Commission two questions whether the phrase in connection with the formation or performance of a contract in paragraph 1 appropriately reflects the intention of the Working Group, and whether that phrase covers, for example, cases involving notice of cargo receipt , notice of claim compensation and notice of contract termination .