PATRICK BONNER FREEHILL, HOGAN & MAHAR NEW YORK, NEW YORK ROTTERDAM RULES: A NEW INTERNATIONAL REGIME FOR CARRIAGE OF GOODS BY SEA PATRICK BONNER FREEHILL, HOGAN & MAHAR NEW YORK, NEW YORK

APPLICABLE LAWS a.) COGSA b.) HARTER ACT c.) POMERENE ACT d.) CARMACK AMENDMENT e.) FIRE STATUTE f.) STATE LAW g.) HAMBURG RULES h.) HAGUE- VISBY

CONGRESSMAN HARTER’S CHANCES CLEVELAND, OHIO, OCT. 29.-THE FIGHT IN THE FOURTEENTH CONGRESSIONAL DISTRICT SEEMS TO BE GOING STEADILY IN CONGRESSMAN HARTER’S FAVOR. FROM THEIR POLL OF THE DISTRICTS AND THE CLOSEST ESTIMATES OF THE EFFECT OF REPUBLICAN DEFECTIONS IN HURON AND LORAIN COUNTIES, THE DEMOCRATS ARE TO-DAY CLAIMING THE RE-ELECTION BY 800 OF THE COURAGEOUS OPPONENT OF FREE SILVER AND CHAMPION OF TARIFF REFORM. THE REPUBLICANS FIND HARD WORK FIGURING OUTA PLURALITY OF 500 FOR E.G. JOHNSON, AND THE BEST INFORMED HESITATE TO GIVE FIGURES AT ALL THE NEW YORK TIMES PUBLISHED: OCTOBER, 1892 COPYRIGHT © THE NEW YORK TIMES

NEED FOR CHANGE LACK OF UNIFORMITY CHANGES IN TRADING PATTERNS, TYPES AND AMOUNTS OF CARGO CONTAINERS INTERMODALISM ELECTRONIC RECORDS

WHO WAS INVOLVED UNCITRAL CMI TIA UNCTAD ICC IICL IUMI FIATA AAR ICS BIMCO OTIF IMTA IG ESC

MLA GANG OF FOUR MICHAEL STURLEY CHET HOOPER VINCE DEORCHIS GEORGE CHANDLER

SCOPE OF THE RULES IF : A. THE PLACE OF RECEIPT, DELIVERY OR LOAD OR DISCHARGE PORT IS IN A CONTRACTING STATE AND B. INTERNATIONAL TRANSPORT UNLESS A CHARTER PARTY OR CONTRACT FOR USE OF SPACE ROTTERDAM RULES APPLY

CARRIER’S PERIOD OF RESPONSIBILITY EXTENDED CARRIER’S LIABILTY STARTS WHEN IT RECEIVES THE GOODS ENDS WHEN GOODS ARE DELIVERED NO MORE TACKLE TO TACKLE WHAT ABOUT THE HARTER ACT??

VOLUME (SERVICE)CONTRACTS LIMITED FREEDOM OF CONTRACT CANNOT CONTRACT AWAY CERTAIN DUTIES THE THIRD PARTY MUST CONSENT TO THE DEROGATION PARTIES MAY CHOOSE A FORUM THIRD PARTIES BOUND IF THERE IS TIMELY AND ADEQUATE NOTICE

JURISDICTION STATE CAN OPT IN OR REJECT NON VOLUME CONTRACT: AVAILABLE FORUMS A. CARRIER’S DOMICLE B. PLACE OF RECEIPT C. PLACE OF FINAL DELIVERY D. FIRST PORT OF LOADING E. PORT OF FINAL DISCHARGE SKY REEFER OVERRULED?

ERROR IN NAVIGATION NO ERROR IN NAVIGATION DEFENSE MAY BE EASIER TO APPORTION LIABILITY LIMITATION AMOUNT HIGHER

LIMITS OF LIABILITY 875 SDRS PER PACKAGE OR SHIPPING UNIT $1.57 PER SDR- $1,374- WELL ABOVE PRESENT $500

DEVIATION A DEVIATION DOES NOT DEPRIVE THE CARRIER OF ANY RIGHTS UNDER THE CONVENTION CLAIMANT MUST PROVE LOSS ATTRIBUTABLE TO A PERSONAL ACT OR OMISSION DONE WITH INTENT, KNOWLEDGE OR RECKLESSNESS

TIME TO SUE TWO YEARS- COGSA WAS ONE YEAR INDEMNITY CLAIMS MUST BE BROUGHT LATER OF: A- LOCAL LAW OR B- 90 DAYS AFTER INDEMNITEE HAS SETTLED OR BEEN SERVED WHICHEVER IS EARLIER