Is a Multimodal Transport Document a Document of Title According to Common Law?

Abstract

Most academic papers have focused on two main legal issues regarding multimodal contracts, the applicable law and the liability of the operators. There has, however, been little discussion about the real nature of the primary legal document issued by the carrier in a multimodal operation: the multimodal transport bill of lading. In this thesis, I first investigate whether a multimodal bill of lading serves as a document of title in law and practice; I then analyse whether it should have this function. In Chapter 2, the bill of lading as the document of title par excellence in commercial maritime transactions will be studied by analysing its history, types, characteristics and legal framework. The status of the document of title of the bill of lading is examined, as well as its security function.Chapter 3 considers the benefits of the multimodal transport, as well as conceptual and practical legal challenges of this mode of transport. In particular, I assess whether the multimodal transport bill of lading is considered a document of title in English common law. I peruse the international unimodal conventions governing these transactions, as well as the case law developed by the common law courts and present mercantile practices. In Chapter 4, I provide some remarks as to whether a multimodal transport bill of lading should be considered a document of title in a legal sense at English common law.