Draft article 33 Issuance of the transport document or electronic transport record

Notion of transport document and receipts

(a) under article 7 (previously 4) agrees with the carrier to replace a negotiable transport document by a negotiable electronic transport record or to replace an electronic transport record by a negotiable transport document, or

Article 49. Delivery when negotiable transport document or negotiable electronic transport record is issued

When no negotiable transport document or no negotiable electronic transport record has been issued, the following paragraphs apply

When a negotiable transport document or a negotiable electronic transport record has been issued, the following paragraphs apply

Article 48. Delivery when no negotiable transport document or negotiable electronic record is issued

(e) Any additional place designated for that purpose in the transport document or electronic record.

3. A carrier's public schedule of prices and services, transport document, electronic transport record, or similar document is not a volume contract under paragraph 1, but a volume contract may incorporate such documents by reference as terms of the contract.

It was suggested that the notion of transport document in the proposed draft of article 4 needed clarification.

In addition, the effect of the proposed redraft of article 3 (2) would be to extend the traditional rule to cover all cases where a transport document or electronic transport record was issued.

Although the term transport document defined in draft article 1 (k) included a mere receipt of goods, it was explained that the issuance of such documents did not trigger the application of the draft instrument to a third party because proposed draft article 4 provided that the provisions of this instrument apply to the contract evidenced by or contained in the transport document or electronic transport record .

It was also indicated that, while the practice had developed a category of transport documents, such as sea waybills, that could be referred to for descriptive purposes as quasi negotiable documents, it was not possible to adequately define such transport documents, thus the proposed draft of article 4 used the broader transport document or an electronic transport record category.

Notwithstanding article 9, if a transport document or an electronic transport record is issued pursuant to a charterparty or a contract under article 9 (1) (b) or (c), this Convention applies to the contract evidenced by or contained in the transport document or electronic transport record as between the carrier and the consignor, consignee, controlling party, holder, or person referred to in article 34 that is not the charterer or the party to the contract under article 9 (1) (b) or (c).

In response to a question, it was clarified that, if more than one original of the negotiable transport document was issued, all of them would have to be collected before the negotiable electronic transport record could be issued in substitution.

A view was expressed that the application of the draft instrument to third parties should not be conditional upon the existence of a transport document.

2. This Instrument applies to contracts of carriage in non liner services under which the carrier issues a transport document or an electronic record that

(e) Notwithstanding paragraphs (c) and (d), the holder that did not have or could reasonably not have knowledge of such delivery at the time it became a holder acquires the rights incorporated in the negotiable transport document or negotiable electronic transport record.

The contract should not be a carrier's public schedule of prices and services, a bill of lading, transport document, electronic record, or cargo receipt or similar document but the contract may incorporate such documents by reference as elements of the contract.

The second document provides a brief review of recent maritime security initiatives and discusses security risk assessment and management frameworks methods and applications relevant to maritime transport.

The suggestion was made that thought could be given to a provision along the lines of draft article 77 of the draft instrument, which concerns the application of arbitration provisions to the holder of a negotiable transport document or a negotiable electronic transport record.

(a)(i) Without prejudice to article 46 the holder of a negotiable transport document is entitled to claim delivery of the goods from the carrier after they have arrived at the place of destination, in which event the carrier must deliver the goods at the time and location referred to in article 11(4) (previously 7 (3)) to such holder upon surrender of the negotiable transport document.

The express consent must demonstrate that the consenting party received a notice that prominently states that the volume contract derogates from provisions of the Instrument and the consent shall not be set forth in a carrier's public schedule of prices and services, transport document, or electronic transport record.

Article 56(2)(d) (which has been suggested for deletion in A CN.9 WG.III WP.56) basically provides that the instructions given should be stated on a negotiable transport document.

In this respect, attention is drawn to paragraph 62(3) (previously 60(3)) that qualifies the level of activity in order the holder of a negotiable transport document to assume liabilities.

Transport

Transport

Transport

Good quality transport service has been provided by the Transport Section.

The view was expressed that draft article 88a (3) required further clarification with respect to the relation between the transport document, as defined in draft article 1 (k), and the contract of carriage.

It was indicated that, for example, the handwritten expression of such consent on the front of a transport document should be considered valid for the purposes of proposed draft article 88a (6)(b).

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.

E. Transport

Air transport

Overland transport

Marine transport

Multimodal transport

Transport documents

(j) Transport

Ground transport

Transport law

In the event that more than one original of the negotiable transport document has been issued, the surrender of one original will suffice and the other originals will cease to have any effect or validity.

G. JACK Transport

Subprogramme 2 Transport

Transport and telecommunications