The settlements of C.M.R. convention (Geneva, 1956) on the carrier’s liability – between mobility and incumbency

Abstract

This paper analises the provisions of the Convention on the contract for the international carriage of goods by road (C.M.R.), adopted in Geneva, on 19.05.1956, which points the carrier’s liability for inexecution or partial performance of the obligations which arise from the C.M.R. contract. This research joints the analysis of the particularities of the liability with the possibility of examining litigations through international commercial arbitration. The study is focused on the interpretation of the art. 33 of the C.M.R. Convention, with the aim to clarify the possibility of inserting an arbitral clause in a C.M.R. contract. Considering that art. 33 of the Convention doesn’t settle the form of the arbitral clause in such a contract, there is going to be analysed the groundworks from the German, Polish and Swiss doctrine, for an efficient interpretation of the nominalized provision.