INTER—AMERICAN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD

INTER—AMERICAN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL CARRIAGE OFGOODS BY ROADAuthor(s): Heidi V. JiménezSource: International Legal Materials, Vol. 29, No. 1 (JANUARY 1990), pp. 81-88Published by: American Society of International LawStable URL: http://www.jstor.org/stable/20693416 .

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81

INTER-AMERICAN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD*

[Done at Montevideo, July 15, 1989] Cite as 29 I.L.M. 81 (1990)+

Introductory Note

Heidi V. Jimenez

The subjects relating to international carriage by sea and by road have been discussed at all four Inter-American Specialized Conferences on Private

International Law.

The agenda of CIDIP-I included the topic of International Maritime Transportation with Special Reference to Bills of Lading. For that occassion, the Inter-American Juridical Committee drew up a draft Convention. However, because of the complexity and breadth of the agenda, consideration of the

topic was deferred until the next specialized Conference.

At CIDIP-II a modified version of the draft Inter-American Convention on Contracts of Carriage by Sea and by Land with Special Reference to Bills of Lading was considered, but discussions of the topic did not result in the adoption of a convention. Instead, Resolution CIDIP-II/Res.IV/79 requested that the General Assembly include the international carriage of goods and

persons by sea and by road as two separate topics on the agenda of a

forthcoming specialized Conference.

In its treatment of the topic of International Carriage of Goods and Persons by Road, CIDIP-III noted the need to focus on the legal problems related to the carriage of goods. The Conference thus recommended that

experts in the field proceed to work out a preliminary draft Convention on the carriage of goods by road.

CIDIP-IV considered a draft Inter-American Convention on the International

Carriage of Goods by Road, prepared, at the request of the General Secretariat, by two specialists in the field (CIDIP-IV/doc.10/88). With this document as a basis, a working group in Committee introduced an abbreviated draft Convention, which greatly reduced or eliminated a number of articles, particularly those relating to carrier and sender liability, to notification of loss, damage or delay, and to conflicts of laws (CIDIP-IV/Com.II/doc.5/89

rev.l, corr.l).

The approved text seeks to regulate legal transactions associated with the

carriage of goods by road, rather than the characteristics of the carriage itself. This is manifest by the inclusion of the word "Contract" in the title of the Convention.

^Reproduced from the text provided by the Organization ol American States, The Introductory Note was prepared for Interna tional Legal Materials by Heidi V, Jimenez, Secretariat of Legal Affairs, Organization of American States.

[As of January 31, 1990, Bolivia, Colombia, Ecuador, Guatemala, Haiti, Paraguay, Peru, Uruguay and Venezuela had signed the Convention.]



82

The Committee emphasized the need for a uniform definition of the contract

of carriage to avoid differing national interpretations. In defining the term, a deliberate decision was taken to delete any reference to the

international nature of the contract so that the definition could be used both

domestically and internationally. The internationality of the contract of

carriage was addressed in Article. 2, dealing with the Convention's scope of

application.

TEXT OF

CHAPTER

Art.

I.L.M. Content Summary

CONVENTION - I.L.M. Page 83

CHAPTER

Art.

II

2

Art. Art. Art. Art.

3 4 5 6

Art. 7

Art.

Art.

Art.

Art.

8

9

10

11

CHAPTER IV

DEFINITIONS - I.L.M. Page 83

[Contract for carriage of goods by road; contract for the joint carriage of goods by road; goods; bill of lading, transport document or consignment Dote; carrier; shipper, sender or consignor; consignee or receiver]

SCOPE - I.L.M. Page 84

[Contracts for which the place of dispatch and place of delivery are in different State Parties]

CHAPTER III DOCUMENTATION - I.L.M. Page 84

[Contract is embodied in bill of lading] [Form of bill of lading] [Contents of bill of lading] [Existence of contract not affected by failure to satisfy Art. 5 requirements] [Description of goods in bill of lading: Shipper's

guarantee of accuracy and duty to compensate for damages due to inaccuracies] [Carrier: inspection of goods; reservations on bill of lading] .

[Reservations by carrier: Seller may require inspection of contents at carrier's expense] [Liability of carrier for wrongful entries on bill of lading] [Changes in delivery may be requested by holder of

bill of lading at such holder's expense]

LIABILITY - I.L.M. Page 86

Arts. 12-13 [Carrier's liability] Art. 14 [Joint liability of carriers]

CHAPTER V JURISDICTION - I.L.M. Page 87

Art. 15 [Courts where civil actions may be brought]

CHAPTER VI ARBITRATION - I.L.M. Page 87

Art. 16 [May be ad hoc or institutional]



83

CHAPTER VII FINAL PROVISIONS - I.L.H. Page 87

Art. 17 [Signature] Art. 18 [Ratification] Art. 19 [Accession] Art. 20 [Entry into force] Art. 21 [Reservations] Art. 22 [States with territorial units having different

systems of law] Art. 23 [Denunciation. Depositary: OAS General Secre

tariat] Art. 24 [Authentic texts: English, French, Portuguese, and

Spanish]

[Done at Montevideo, Uruguay, July 15, 1989]

INTER-AMERICAN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD

CHAPTER I

DEFINITIONS

Article 1

For purposes of this Convention:

a. CONTRACT FOR CARRIAGE OF GOODS BY ROAD means any contract whereby the carrier undertakes, in exchange for the payment of a carriage charge or price, to transport goods overland from one place to another in vehicles that use roads as transportation infrastructure;

b. CONTRACT FOR THE JOINT CARRIAGE OF GOODS BY ROAD means that which is concluded, upon issuance of a single bill of lading* for carriage performed successively by vehicles of separate carriers;

c. GOODS means any merchandise that can be carried and, if they are

supplied by the carrier, containers, pallets, and similar shipping or

packaging materials;

d. BILL OF LADING, TRANSPORT DOCUMENT OR CONSIGNMENT NOTE means the document certifying that the carrier has taken the goods into his care and has undertaken a commitment to deliver them in accordance with the agreed-mpon terms;



e. CARRIER means the person who performs the carriage of goods by road;

f. SHIPPER, SENDER OR CONSIGNOR means the person who, either for his own account or for that of third parties, delivers goods to the carrier for carriage;

g. CONSIGNEE or RECEIVER means the person authorized to receive the goods.

CHAPTER II

SCOPE

Article 2

This Convention shall apply to the international carriage of goods by road, provided that the place of dispatch of the goods is in a State Party and that of their delivery is in another State Party, even when the vehicle used is itself carried, for a portion of the route, by some other mode of transportation without the goods being unloaded, or when carriage is performed by joint services.

The rules of this Convention shall not limit the rules of bilateral or multilateral conventions between the States Parties concerning ;:-.? international transportation of goods or more favorable practices followed by those States in relation thereto.

This Convention shall not apply to carriage performed in accordance with international postal agreements or other international treaties. In no case shall this Convention entail restrictions on border shipping facilities, particularly those involving free transit, that the States Parties at present grant or may eventually grant to one another and for which the bill of lading may be dispensed with.

CHAPTER III

DOCUMENTATION

Article 3

The contract for international carriage of goods by road shall be embodied in a document known as a bill of lading, which shall be made out by the carrier at the request of the shipper when the carrier takes over the goods. The contract shall stipulate the terms of the carriage operation.

Article 4

The bill of lading may be made out to bearer, to order or to a named partv. It shall be made out in original and copies, and the number of copies shall be specified. The original may be endorsable or not endorsable. Each copy shall be marked "nonnegotiable copy."

When the freight to be carried comprises different types or lots of goods, as many bills of lading may be issued as there are different types or lots of goods.

If the shipper so agrees, a nonnegotiable bill of lading may be issued and, for that purpose, any mechanical or electronic means that records the information stipulated in Article 5 may be used.



Article 5

The bill of lading shall contain the following particulars:

a* The name, domicile and address of the carrier;

b. The name, domicile and address of the shipper;

c. The name, domicile and address of the consignee, when supplied by the

shipper;

d. The place and date of loading of the goods and the place specified for their delivery at destination;

e. The general nature of the goods, their apparent state and condition, the principal markings necessary for identifying them, the number of

packages or pieces and the gross weight;

f. The date or deadline for delivery of the goods at the place of

destination;

g. Freight charges and additional costs, with a separate indication of the precise manner and place of payment;

h. The declared value of the goods;

i. Vhen necessary, an express statement that the goods are dangerous, contaminating or harmful;

3. A statement that transshipment is either allowed or prohibited, and should carriage be performed by joint services, the names, domiciles, and addresses of the carriers involved and their portions of the

route;

k. An indication that the contract for carriage is subject to the

provisions of this Convention;

1? The signature of the carrier or of the party issuing the bill of

lading in the carrier's name and as his representative, and the

signature of the shipper, his representatives, agents or servants. These signatures may be handwritten or, if this procedure is not inconsistent with the laws of the country where the bill of lading is

issued, made by any mechanical or electronic means.

The carrier and shipper mav, by mutual agreement, add any other statement

they deem advisable to the bill of lading.

Article 6

The omission from the bill of lading of one or more of the particulars provided for in Article 5 shall not affect the existence of the contract for the international carriage of goods by road.

Article 7

The shipper guarantees to the carrier the accuracy of the particulars indicated in subparagraph e) of Article 5 that he has provided for inclusion in the bill of lading. The shipper shall compensate the carrier for any loss sustained by him as a result of inaccuracies in those particulars.

Article 8

Whenever he makes an inspection, the carrier may note on the bill of

lading reservations with respect to the markings, apparent state and condition



86

of the goods, their number, quantity or weight, when he has reasonable grounds to presume that such specifications do not correspond to the goods received or where he has no routine means of verifying that they do so correspond; in that case he shall enter in the bill of lading the reasons for those reservations and the grounds upon which they are based. In default of such reservations, it is presumed, save evidence to the contrary, that the goods were delivered to him as they appear on the bill of lading* Evidence to the contrary shall not be admissible when the negotiable bill of lading has been endorsed to a

third-party holder in good faith*

Article 9

Should a carrier wish to make reservations, the shipper may require inspection of the content of the packages; in that case the carrier shall be entitled to claim the cost of such inspection* The findings of such inspections shall appear in the bill of lading*

Article 10

A carrier who wrongfully enters in the bill of lading inaccurate information on the goods shall be liable for any damages sustained on that account by the shipper, the consignee or a third party and may not avail himself of the provisions that limit his liability*

Article 11

The holder of the bill of lading shall be entitled to request the carrier to change the designated point of delivery or the name of the consignee. Any expenses incurred as a result of new instructions to the carrier shall be borne by the above-mentioned holder.

CHAPTER IV

LIABILITY

Article 12

The carrier shall be liable for any loss or damage to the goods and for delay in delivering or failure* to deliver the goods, except to the extent that he proves that it is due to any of the following reasons:

a* An act of God;

b. An inherent defect of the goods;

c. Negligence on the part of the shipper or consignor, or

d. Special circumstances with respect to the instructions that were entered on the bill of lading.

In no case shall the liability of the carrier exceed the real value of the

goods at the place and time of their shipping or at the place and time that delivery was made or should have been made, or the declared value on the bill of lading, whichever is greater.

The parties may agree in writing to increase or limit the liability of the carrier and to fix an amount per unit or weight of the freight.

In the event of gross negligence, willful misconduct or an act or omission on the part of the carrier, done with intent to cause loss, damage or delay in delivery or recklessly and with knowledge that such loss, damage or delay would probably result, none of the limitations provided for in this article shall applv.



87

Article 13

The carrier shall be liable for the acts or omissions of his agents and

servants, and of third parties to whom all or part of the service is entrusted.

Article 14

In the event of joint carriage the first carrier and the final carrier shall be jointly and severally liable to the shipper, the consignor and the holder of the bill of lading, regardless of the place in which the damage or loss occurs or the delay or nondelivery of the goods is caused.

CHAPTER V

JURISDICTION

Article 15

1. Actions based on international carriage of goods by road may be instituted, at the option of the plaintiff, before the courts of the State:

a. Where the defendant has his domicile or habitual place of residence, his principal place of business or the branch, agency or affiliate through vhich the bill of lading was issued;

b. From vhich the goods vere shipped;

c. Of the place designated for delivery of the goods;

d. At a transit point where the carrier has a representative, if the carrier is the defendant.

2. Cases of carriage of goods involving ioint services shall be heard in any of the fori indicated above at the option of the plaintiff and, should the carrier be the defendant, the action may be brought in any of those fori

only against the first or final carrier.

CHAPTER VI

ARBITRATION

Article 16

In a contract for the international carriage of goods by road, the parties mav submit to arbitral decision anv differences that may arise or have arisen between them. The arbitration may be ad-hoc or institutional and, if it is an arbitration by law, the provisions of this Convention shall apply.

CHAPTER VII

FINAL PROVISIONS

Article 17

This Convention shall be open for signature bv the Member States of the Organization of American States.

Article 18

This Convention is subject to ratification. The instruments of ratification shall he deposited with the General Secretariat of the Organization of American States.



88

Article 19

This Convention shall remain onen for accession bv anv other State* The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.

Article 20

This Convention shall enter into force on the thirtieth dav following the date of deposit of the second instrument of ratification.

For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth dav after deposit bv such State of its instrument of ratification or accession.

Article 21

Each State mav, at the time of signature, ratification or accession, make reservations to this Convention, provided that each reservation concerns one or more specific provisions and is not incompatible with its objective and ouroose.

Article 22

If a State Partv has two or more territorial units in which different systems of law aoolv in relation to the matters dealt with in this Convention, it mav, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them.

Such declaration mav be modified bv subseouent declarations, which shall expressiv indicate the territorial unit or units to which this Convention applies. Such subsecuent declarations shall be transmitted to the General Secretariat of the Organization of American States, and shall become effective thirty davs after the date of their receipt*

Article 23

This Convention shall remain in force indefinitely, but any of the States Parties mav denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one vear from the date of deposit of the instrument of denunciation, the Convention shall no longer be in force for the denouncing State, but shall remain in force for the other States Parties.

Article 24

The original instrument of this Convention, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which will forward an authenticated copy of its text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the Member States of the Organization of American States and the States that have acceded to the Convention, of the signatures, deposits of instruments of ratification, accession and denunciation as well as of reservations, if anv.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto hv their respective governments, have signed this Convention.

DONE IN THE CITY OF MONTEVIDEO, REPUBLIC OF URUGUAY, the fifteenth dav of July in the vear nineteen hundred eightv-nine.



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INTER—AMERICAN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD