ICC Comments on the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam Rules)

    Prepared by the ICC commission on : Commission on Customs and Trade Facilitation
    Publication date : 12/06/2009

    In considering their position on the Rotterdam Rules, international business asks that governments give particular consideration to the following issues:

    • the importance of a harmonized liability regime for maritime transport and related door-to-door transportation and the need to avoid regionalism;
    • the clarity of the burdens of proof for all parties and the defenses of a carrier or intermediary against whom a claim is made;
    • the robustness of procedures regarding cargo liability to minimize the burden on international trade resulting from excessive litigation;
    • the ability of parties to enter into customized ocean transportation contracts to agree to depart from the requirements of the international ocean transportation cargo liability regime;
    • the appropriateness of the balance in the risk allocation between carrier and cargo interests;
    • the overall impact of the regime on legal certainty.