4th IRU-LAS-AULT SEMINAR
SESSION IV – SECURING COMMERCIAL GOODS
TRANSPORT AND INSURANCE CONTRACTS
Alexandria, 5 November 2012
(c) International Road Transport Union (IRU) 2012
The CMR Convention: Key instruments to
harmonise contracts for international
carriage of goods by road: Main principles
Alexandria, 5 November 2012
Jean Acri
IRU Special TIR Advisor
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(c) International Road Transport Union (IRU) 2012
Why CMR is key?
Without harmonised contractual
international road transport:
conditions
for
- How and when the contract is concluded?
- What is the form and the nature of the contract?
- Which law will govern the contract?
- Which are the parties’ respective obligations?
- What procedures to follow in case of delay, or damage,
or non-delivery?
- Which level of indemnity should apply?
- What is the content of transport documents?
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(c) International Road Transport Union (IRU) 2012
Why CMR is key?
Without harmonised contractual
international road transport:
conditions
for
- Road transport operators, shippers and consignees
would not be in a position to measure their commercial /
financial exposure
UNPREDICTABILITY
- Difficulty for insurers to assess risk and provide
coverage
- Open door to « à la carte » contracts and legal
uncertainty
- Unclear rules for establishing transport documents
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(c) International Road Transport Union (IRU) 2012
International Carriage by Road under the CMR
Objectives of the CMR
 to harmonise contractual conditions
 to contribute to facilitating the carriage of goods using the
CMR consignment note
 to contribute to harmonising competitive conditions
---------------------------------------------------------------------The texts:
 the 1956 CMR
 1978 Protocol (SDR)
 Additional “e-CMR” Protocol in 2008 (entered into
force in 2011)
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(c) International Road Transport Union (IRU) 2012
1. CMR generalities
2. Obligations of the parties under the CMR
3. Delivery under the CMR
4. Conditions and limits of liability under the CMR
5. Handling of claims under the CMR
6. Insurance and CMR
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(c) International Road Transport Union (IRU) 2012
CMR generalities
CMR Convention:
55 Contracting Parties
5 LAS Contracting Parties:
- Morocco
- Tunisia
- Syria
- Lebanon
Applies to every contract for
the international carriage of
goods by road between two
different countries of which
at least one is a contracting
country.
- Jordan
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(c) International Road Transport Union (IRU) 2012
CMR generalities:
How the CMR fits into the general legal
environment
CMR
Contractual area
National
legislation
General environment
• customs
• transport
• social
• new technologies
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(c) International Road Transport Union (IRU) 2012
CMR generalities
 Contract between the sender and the carrier for the
international carriage of goods by road for reward
• covers successive movements
• addresses multimodality: applies to carriage by ferries
and using combined transport for door to door
movements
• excludes all contradictory clauses
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(c) International Road Transport Union (IRU) 2012
CMR generalities:
The scope of the CMR
Taking the goods over
Delivery
Transport
+ the international consignment note
+ incidents en route
+ claims and compensation for
delay, damage and loss
Loading/
unloading/
charges
• National legislation
?
• General conditions
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(c) International Road Transport Union (IRU) 2012
Obligations of the parties under the CMR
 Before taking over the goods
 Sender:
• packaging
• information
• documents
Liable for all loss and damage sustained by reason of the
inaccuracy or inadequacy of certain particulars or documents
(Articles 7 and 11)
• dangerous goods (Article 22.1)
Carrier: Checks:
• tally number, markings and
Presumption of good
condition (Article 8.2)
numbers on packages
• apparent condition and packaging
• the gross weight of the goods and the contents of the packages if requested
by the sender but at his expense (Article 8.3)
 Making out the CMR consignment note
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 3 copies:
• one for the shipper
• one for the consignee
• one for the carrier
 Signature = proof
of acceptance
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(c) International Road Transport Union (IRU) 2012
Obligations of the parties under the CMR
 During carriage
 Sender:
• has a right to dispose of the goods (Article 12)
 Carrier:
• keeps, delivers or returns the documents provided by the sender
(Article 11)
• notifies, in the event of an incident in
particular
Article 14
• accepts instructions
• safeguards the goods
• particular case of dangerous goods
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(c) International Road Transport Union (IRU) 2012
Delivery under the CMR
No definition of delivery in the CMR
 national law
• if delivery is prevented  the carrier notifies and asks for
instructions (Article 15.1)
• immediate unloading (Article 16.2)
• sale of the goods (Articles 16.3, 4 and 5)
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(c) International Road Transport Union (IRU) 2012
Conditions and limits of liability under the CMR
Fundamental principles of the CMR:
 Presumption of liability
(liability for staff and contractors)
 Compensation limited
EXCEPT
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(c) International Road Transport Union (IRU) 2012
Conditions and limits of liability under the CMR
Article 17: loss, damage and delay
 The carrier is liable for:
• partial or total loss
• damage
• delay
 which arises between the taking over and delivery of the goods
 But he is relieved of his liability if he proves that the loss, damage or
delay was caused by:
• a wrongful act or neglect by the claimant
• instructions given by the claimant
• inherent vice of the goods
• circumstances which the carrier could not avoid and the consequences of which he
was unable to prevent (force majeure without unpredictability)
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(c) International Road Transport Union (IRU) 2012
Conditions and limits of liability under the CMR
Article 18: loss and damage
 The carrier may also attempt to relieve himself of liability if he proves
that the loss or damage could be attributed to a special risk:
• use of open vehicles and vehicles not sheeted in accordance with the CMR
• lack of or defective condition of packing in the case of goods which, by their nature,
are liable to wastage or to be damaged when not packed or when not properly packed
• handling by the sender or the consignee
• the nature of certain kinds of goods which exposes them to the risk of rust, breakage
or decay
• insufficiency or inadequacy of marks or numbers on the packages
• the carriage of livestock
 But the claimant may prove the contrary.
 That is just a reversal of the burden of proof.
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(c) International Road Transport Union (IRU) 2012
Conditions and limits of liability under the CMR
Article 19: delay
 exceeding the time-limit agreed
or
 exceeding the time it would be reasonable to allow a diligent carrier
Article 20: total loss
 thirty days after the expiry of the time-limit agreed
or
 sixty days from the time when the carrier took over the goods
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(c) International Road Transport Union (IRU) 2012
Conditions and limits of liability under the CMR
Articles 23 and 24: loss and damage
 the loss which is compensated is the loss and damage to property
 amount: 8.33 SDR per kg of goods lost or damaged – unless a higher value has
been declared
 reference value: the value of the goods at the place and time at which they were
accepted for carriage
+
- carriage charges
- customs duties
- other charges
 in full or in proportion
Article 23.5: delay
 the claimant must prove that the delay has caused a loss
 compensation limited to the carriage charges
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(c) International Road Transport Union (IRU) 2012
Conditions and limits of liability under the CMR
Loss, damage and delay
 Higher compensation if:
• a special interest in delivery has been declared (Article 26)
 No limit or no exclusion of liability (Article 29) if:
• wilful misconduct by the carrier
• or default equivalent to wilful misconduct
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(c) International Road Transport Union (IRU) 2012
Handling of claims under the CMR
Article 30: protection of rights
• Loss and damage:
- joint examination at the time of delivery
- (for loss or damage which is apparent) if there is no reservation or report
giving a general indication of the loss or damage, it is presumed that
delivery is in accordance with the consignment note BUT CLAIMS ARE
NOT BARRED
- exception for loss or damage which is not apparent - notification is to be
made in writing within seven days of delivery
• Delay:
- written reservations within twenty-one days from the time that the goods
were placed at the disposal of the consignee. OTHERWISE BARRED
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(c) International Road Transport Union (IRU) 2012
Handling of claims under the CMR
Article 32
 Period of limitation:
• in principle: one year
• but: three years if there is wilful misconduct or default equivalent to it
 Begins to run:
• date of delivery (partial loss, damage or delay)
• thirty days after the expiry of the time-limit agreed (total loss) or sixty days
after the goods were taken over by the carrier
• other cases: three months after the conclusion of the contract
 Suspension:
• written claim by the claimant
 Recommencement of the period of limitation:
• written rejection of the claim by the carrier and the return of the documents
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(c) International Road Transport Union (IRU) 2012
Handling of claims under the CMR
Articles 31 and 33: competent courts
 arbitration tribunal: if the arbitration clause provides that the tribunal
shall apply the CMR
 in the absence of a clause specifying competent courts:
• courts of the country in which the defendant is resident
or
• courts of the country in which the goods were taken over or were to
be delivered
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(c) International Road Transport Union (IRU) 2012
Insurance and CMR
 CMR through the harmonisation of contractual
conditions facilitates insurance coverage
 Insurers can measure the risk they cover
 Insurers are not exposed to unknown conditions of
transport
 Insurers benefit from harmonised claims
procedures and liability limits
Better insurance conditions and premiums
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(c) International Road Transport Union (IRU) 2012
www.iru.org
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(c) International Road Transport Union (IRU) 2012