The future of the regulation of the contract for the multimodal carriage of goods in the context of the Rotterdam Rules

Abstract

This chapter deals mainly with the issue of the multimodal carriage of goods under the provisions of the Rotterdam Rules. The authors point out that the limited network system adopted in the Rotterdam Rules eliminates the problem of the carrier's liability for non-localized damage. However, such a solution makes the system unpredictable. The parties to the contract of carriage may not be able to determine which legal regime applies to carrier's liability for damage, loss of goods or delay. Moreover, the regulations of the Rotterdam Rules clearly state that the unimodal conventions do not apply in most situations where a contract provides for the use of more than two means of transport. In the authors’ opinion, to resolve the problems arising under the Rotterdam Rules it would be reasonable to create unified rules of carrier's liability in particular modes of transport, at least in relation to the basic issues. This would make the regulations more predictable and eliminate the issue of a recourse gap. This chapter also deals with the regulations regarding multimodal carriage, in particular in European countries. In the view of the authors, the regulations in German and Spanish law are fully justified and similar provisions may be introduced in other countries which have not regulated this issue so far (inter alia, Poland).