We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
Ocean transportation of cargo throughout the world is covered by
various conventions or treaties. The Hague Rules, Hague Visby, and
Hamburg Rules are examples. These conventions are enacted in the
counties subscribing to the conventions. In the United States, the
Hague Convention is enacted as 46 USC §30701, et seq. and
popularly known as "COGSA," the Carriage of Goods by Sea
Act.
Under Section 1, the "carrier" includes the owner or
charterer of a vessel who enters into a contract of carriage with a
shipper.
Under COGSA, suit must be commenced against a carrier within one
year of the date cargo was delivered or the date cargo should have
been delivered.
A carrier cannot shorten the one year, however, by written
agreement the time to file suit may be extended to more than one
year.
TRUCK TRANSIT
(Nine months to file notice of claim and two years from
declination) Interstate transport of cargo by truck, rail or in
some cases barge is subject to the Carmack Amendment, 49 U.S.C
§14706, et seq. The common carrier can require, by the terms
of a bill of lading or by tariff, that the cargo interest file a
written notice of claim within nine months. Such notice of claim is
a condition precedent to the carrier's liability. Suit can then
be filed within two years of the date that the carrier declines
liability. To satisfy the statute, the notification must be in
writing, identify the shipment and state the amount of the
claim.
AIR TRANSIT
(Notice of claim and two years to file suit)
International transport of cargo and baggage by air is
controlled by conventions or treaties. Which convention or treaty
controls is determined by which countries signed on to the
convention and when. The Montreal Convention became effective in
United States on November 4, 2003. This convention (and its
predecessor the Warsaw Convention) requires written notice of claim
in the case of loss or damage. Under Montreal for baggage damage,
written notice must be provided within seven days and for loss or
delay within 21 days. For cargo damage, written notice must be
provided within 14 days; or for loss within 21 days.
Notice must be in writing, identify the shipment and state the
amount of claim. Suit must be filed within two years of arrival or
the date the shipment should have arrived.
Prior to the Montreal Convention, air carriage was mostly
controlled by the Warsaw Convention, which sets forth similar time
limits.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Missouri Senators Clare McCaskill and Christopher Bond, concerned about the seniority integration treatment of employees at Trans World Airlines ("TWA") following its purchase by American Airlines and integration of the two airlines' operations and workforce, introduced legislation to guarantee labor protective provisions to airline employees with respect to seniority integration for certain covered transactions.
In a case of first impression, the New York Court of Appeals has held that a court need not undertake a conflicts-of-laws analysis when there is an express choice of New York law in a contract pursuant to New York General Obligations Law §5-1401.
The Department of State and the Department of Commerce are planning to move certain military aircraft, aircraft engines, and specially designed aircraft parts and components off of the U.S. Munitions List.
The European Union Emissions Trading System faced serious international opposition in 2012 for seeking to include carbon emissions from flights into and out of the EU under the ETS regulatory umbrella.
The United States Federal Maritime Commission (FMC) has issued a Notice of Proposed Rulemaking under which foreign unlicensed Non-Vessel Operating Common Carriers (NVOCCs) will be allowed to register with the Commission and begin using Negotiated Rate Agreements (NRAs) with their shippers.
