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

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.