1. 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

2. 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

3. 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

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

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

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

7. 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

8. 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??

9. 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

10. 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?

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

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

13. 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

14. 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