Division of responsibilities in multimodal transport

Division of responsibilities in multimodal transport

Planning class hours

2

Teaching objectives

1, so that students can master the responsibility type and responsibility period of multimodal transport;

2, familiar with the relevant provisions of the multimodal transport liability limit;

3, understand the relevant provisions and practices of litigation and claims to multimodal transport operators.

Teaching focus

Types and duration of responsibility for multimodal transport.

Teaching difficulties

How to choose the appropriate responsibility type for specific business content?

teaching means

Making multimedia courseware, classroom discussion, case analysis, case analysis after class, and enterprise practice.

Teaching content structure

First, the form and duration of responsibility for multimodal transport

1, responsibility type of multimodal transport

(1) unified responsibility system

The so-called unified responsibility system means that the multimodal transport operator is responsible to the shipper with a unified compensation standard during the whole transportation process. That is to say, no matter where the freight accident occurs in the whole transportation, no matter whether the accident is obvious or hidden, the multimodal transport operator has the responsibility to compensate the shipper according to the unified standard.

(2) The revised unified responsibility system

The liability system of multimodal transport operators stipulated in the United Nations Convention on International Multimodal Transport of Goods is a revised unified liability system, that is, some amendments have been made on the basis of the unified liability system. The so-called revised unified liability system means that the multimodal transport operator is responsible for compensating the shipper for the cargo damage accident in the whole transportation according to the unified compensation standard, but at the same time, it is stipulated that if the unified compensation standard is lower than the compensation standard stipulated by laws and regulations for the segment where the cargo accident actually occurs, the multimodal transport operator is responsible for compensating the shipper according to the segment standard higher than the unified compensation standard.

(3) Network responsibility system

The so-called network responsibility system refers to the responsibility of multimodal transport operators for the whole process of transporting goods, which is limited to the scope of responsibility of each transport section. If the freight accident section can be determined, the multimodal transport operator is responsible for directly compensating the shipper according to the applicable laws and regulations of the section. If the hidden damage cannot be determined, it is presumed to have occurred in the maritime section, and the multimodal transport operator is responsible for making direct compensation to the shipper according to the applicable laws and regulations of the maritime section.

2, the responsibility period of multimodal transport

The Convention on International Multimodal Transport of Goods stipulates "from the time when the multimodal transport operator receives the goods to the time when the goods are delivered".

China's Maritime Law stipulates: "The responsibility period of multimodal transport operators for multimodal transport goods shall be from the time of receipt to the time of delivery."

Second, the multimodal transport operator's compensation limit

1, basis of limitation of liability

At present, the provisions of various transport conventions are different, but they can be roughly divided into two types: fault liability system and strict liability system, with fault liability system as the main one. The provisions of the Convention on Multimodal Transport on the liability of multimodal transport operators include:

(1) If the loss of the goods occurs during the period when the multimodal transport operator is in charge of the goods, the multimodal transport operator shall be responsible for the losses caused by the loss, damage or delayed delivery of the goods. Unless the multimodal transport operator can prove that its employees, agents or other interested parties have taken all measures that meet the requirements to avoid accidents and their consequences.

(2) Failing to deliver the goods within the agreed time, or failing to deliver the goods within the time reasonably required by the diligent multimodal transport operator according to the specific circumstances, constitutes a delay in delivery.

(3) If the goods are not delivered within 90 consecutive days after the expiration of the delivery date determined in accordance with the above clause, the claimant may consider that the goods have been lost.

2. Limitation of liability

At present, multimodal transport operators in most countries adopt the network liability system, and the compensation standards (i.e. liability limits) stipulated in international freight conventions and international multimodal transport conventions related to the network liability system are shown in the following table:

Provisions on limitation of liability in the Convention on the International Carriage of Goods

Agreed name

Every piece or unit

limitation of liability

Gross weight per kilogram (kg)

limitation of liability

comment

Convention on multimodal transport

920

2.75

Include sea or inland waterway transportation.

Convention on multimodal transport

8.33

Does not include sea or inland waterway transportation.

Hamburg rule

835

2.50

Road cargo convention

8.33

Railway cargo convention

16.67

Warsaw convention

17.00

Note: The unit is SDR, that is, the Special Drawing Rights of the International Monetary Fund.

Provisions on the limitation of liability for delayed delivery of goods in international conventions

convention

Limit of liability for compensation

Total liability for compensation

Convention on multimodal transport

2.5 times the freight payable (less than 40%)

Not exceeding the total freight payable stipulated in the contract.

Warsaw convention

Unrestricted control

Unrestricted control

Hague rules

Unrestricted control

Unrestricted control

Hamburg rule

2.5 times the freight payable

Not exceeding the total freight payable stipulated in the contract.

Railway cargo convention

2 times the freight payable

Unrestricted control

Road cargo convention

Total freight of delayed goods

Unrestricted control

3. Loss of power to limit liability.

(1) If it is proved that the loss, damage or delay in delivery of the goods is caused by the intentional act or omission of the multimodal transport operator, or the multimodal transport operator knows that it may be caused and doesn't care, the multimodal transport operator has no right to enjoy the rights and interests of limitation of liability.

(2) If it is proved that the loss, damage or delayed delivery of the goods are caused by the actions or omissions of the employees or agents of the multimodal transport operators or other people who use their services for the performance of the multimodal transport contract, such employees, agents or other people are not entitled to the provisions on the limitation of liability.

Thirdly, the shipper's liability for compensation.

In the process of multimodal transport, if the losses suffered by the multimodal transport operator are caused by the fault or negligence of the shipper, or by the fault or negligence of his servants or agents acting within the scope of his employment, the shipper shall be liable for such losses.

Four. Claims and litigation

In international freight conventions, there are generally clauses on cargo claims and litigation. For example, The Hague Rules and the claims and lawsuits of shipping companies in various countries against ordinary bills of lading stipulate that the consignee shall notify the defendant in writing of the loss and damage of the goods within 3 days after receiving the goods. If both parties have proved the condition of the goods at the time of delivery, there is no need to issue a written claim notice. The time for the consignee to file a lawsuit is within 1 year from the date of delivery of the goods, otherwise the carrier will be exempted from all responsibilities for the goods under any circumstances. Generally speaking, the limitation of action for damage to goods in international freight conventions is usually 1 year, but it has been extended since the formulation of Hamburg Rules. Because of the particularity of container transportation, some container bills of lading stipulate that the carrier shall be notified in writing within 3 days or 7 days to explain the damage. Regarding the limitation of action, some container bills of lading stipulate 1 year, some stipulate 9 months, and some container bills of lading stipulate only 2 months in case of total loss.

According to the Convention on Multimodal Transport, if the victim fails to file a lawsuit or submit it to arbitration within two years after receiving the goods, it will be out of time. If the goods are not notified in writing within 6 months from the date of delivery, or within 6 months after the goods are not delivered, stating the nature and main items of the claim, they will be lost after the expiration of the limitation period.

Teaching process design

First, review relevant knowledge and introduce new lessons. The time is about 10 minute.

By asking questions, check the students' grasp of the basic concepts, business processes and organizational methods of multimodal transport, and introduce the knowledge in this section in time.

Second, explain the content of this section, 45 minutes.

With the help of multimedia courseware, explain the rules and practices of multimodal transport responsibility type, responsibility period, compensation limit, claim and litigation, and pay attention to interaction with students.

Three. Case analysis takes 20 minutes.

Analyze and explain the knowledge points in this section with cases, and pay attention to the interaction with students.

Four. Summary of important and difficult points takes 5 minutes.

Verb (abbreviation of verb) answers students' questions and assigns homework, which takes 10 minutes.

Organize discussion and answer questions raised by students, prepare appropriate cases for students to analyze after class, and cultivate students' ability to review, collect data and analyze problems.

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