Basis of the Liability of the Multimodal Transport Operator: A Comparative Analysis in International Documents and Conventions
Keywords:
Multimodal transport operator liability, Uniform system, Network system, Presumed liability, Multimodal transport documentsAbstract
Multimodal transport of goods in international trade, due to the simultaneous or successive integration of multiple modes of carriage, requires a coherent legal regime governing the liability of the transport operator. The principal challenge in this field is determining the legal basis and liability regime applicable under international multimodal transport documents. The governing international instruments, including the United Nations Convention on International Multimodal Transport of Goods (1980), the ICC Uniform Rules for a Combined Transport Document (1975), the UNCTAD/ICC Rules for Multimodal Transport Documents (1992), and the FIATA Multimodal Transport Bill of Lading, have each sought to strike a balance between the protection of consignors, the efficiency of international trade, and the limitation of the carrier's liability. In the law of international multimodal transport, three principal models have been discussed: the “uniform system,” the “network system,” and their modified forms. At present, modified versions of both the uniform and network liability systems have attracted considerable attention among parties involved in the transportation process within international multimodal transport documents. Adopting a descriptive–analytical approach, this article examines the presumed liability of the transport operator as the basis of liability and clarifies the operator's legal status. Accordingly, where loss of or damage to goods occurs during the period between receipt and delivery, liability is presumed to rest with the transport operator, who may be exonerated only by proving the existence of legally recognized grounds for exemption. This position, although contrary to the apparent wording of the International Multimodal Transport Convention, is supported by reference to the spirit underlying the Convention and established commercial practice. The resulting shift in the burden of proof reflects economic, professional, and protective considerations embedded in liability rules and constitutes an effective mechanism for the equitable allocation of risk.
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Copyright (c) 2025 Amirhossein Shabahang (Author); Hassan Badini; Nejad Ali Almasi (Author)
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