Who are the parties responsible in a multimodal contract of carriage?
• What should those responsibilities be? • What should be the maximum liability limitation? 1. Who are the parties responsible in a multimodal contract of carriage? We view a contract of carriage as no different from any commercial contract between two parties. It is obviously the party that enters into a contract of carriage for valuable consideration that is the party responsible for the fulfillment of the contract of carriage. However, the Outline Instrument and the OECD report suggest the inclusion of the performing carrier as a party equally responsible to the cargo owner jointly and severally with the contracting carrier for both the fulfillment of the contract as well as for the arrival of the goods in sound condition. The theory is based on the Hamburg Rules. The Hamburg Rules make the distinction between the actual carrier and the contracting carrier to solve the problem of the identity of the carrier inherent in the wording of the Hague Rules. The Hague Rules place the onus o
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