CMI - SINGAPORE

2.1 The provisions of this Instrument apply to all contracts of carriage in which the place of receipt or port of loading and the place of delivery or port of discharge are in different States if:

(a) the place of receipt or port of loading specified in either the contract of carriage or a transport document under the contract of carriage is located in a [Contracting State], or

(b) the place of delivery or port of discharge specified in either the contract of carriage or a transport document under the contract of carriage is located in a [Contracting State], or

(c) the actual place of delivery or port of discharge is one of the optional places of delivery/ports of discharge specified in either the contract of carriage or a transport document under the contract of carriage and it is located in a [Contracting State], or

(d) the contract of carriage is entered into in a [Contracting State] or a transport document under the contract of carriage is issued in a [Contracting State], or

(e) the contract of carriage or a transport document under the contract of carriage provides that the provisions of this Instrument or the legislation of any State giving effect to them are to govern the contract.

This chapter is generally based on article 2 of the Hamburg Rules. The term "Contracting State" is bracketed to indicate that it has not yet been decided what form the Instrument will ultimately take. "Convention" and "Contracting State" are appropriate for a diplomatic convention. Until the "door-to-door" issues are resolved, this provision is broadly drafted to cover not only the port of loading but also the place of receipt; similarly, it covers not only the port of discharge but also the place of delivery. It may be necessary to revise this language when the "door-to-door" issues are resolved.

2.2 The provisions of this Instrument apply without regard to the nationality of the ship, the contracting carrier, the performing carriers, the shippers, the consignees, or any other interested parties.

This provision follows article 2.2 of the Hamburg Rules.

2.3

2.3.1 The provisions of this Instrument do not apply to charter parties.

This provision follows the first sentence of article 2.3 of the Hamburg Rules. During the discussion at the ISC’s fourth meeting in October, the question was raised how broadly this exclusion should apply. The charter party exclusion in international conventions goes back to the Hague Rules, and has been retained in essentially the same form ever since. Modern practice, however, goes well beyond traditional charter parties. It will thus be necessary to decide if this traditional exclusion should continue to be limited to traditional charter parties, or if it should be expanded to other contracts of carriage such as contracts of affreightment, volume contracts, service contracts, and similar agreements.

2.3.2 Notwithstanding 2.3.1, if a transport document evidencing a contract of carriage is issued under or pursuant to a charter party, [contract of affreightment, volume contract, service contract, or similar agreement,] then the provisions of this Instrument apply to the contract evidenced by that transport document to the extent that the transport document governs the relation between the carrier and the party other than the person with whom the carrier concluded such contract.

This provision follows the second sentence of article 2.3 of the Hamburg Rules. The bracketed language reflects the issue discussed in the commentary to 2.3.1.

2.4 [If a contract provides for the future carriage of goods in a series of shipments, the provisions of this Instrument apply to each shipment to the extent that 2.1, 2.2, and 2.3 so specify.]

This provision follows article 2.4 of the Hamburg Rules. It may need to be revised in light of the resolution of the issue discussed in the commentary to 2.3.1. If the exclusion in 2.3.1 is expanded to cover a contract providing for the future carriage of goods in a series of shipments, such as a service contract in the United States, then this provision should not undermine the exclusion by making the individual shipments subject to the provisions of this Instrument.





		2 Scope of Application 2.1 The provisions of this Instrument apply to all contracts of carriage in which the place of receipt or port of loading and the place of delivery or port of discharge are in different States if: (a) the place of receipt or port of loading specified in either the contract of carriage or a transport document under the contract of carriage is located in a [Contracting State], or (b) the place of delivery or port of discharge specified in either the contract of carriage or a transport document under the contract of carriage is located in a [Contracting State], or (c) the actual place of delivery or port of discharge is one of the optional places of delivery/ports of discharge specified in either the contract of carriage or a transport document under the contract of carriage and it is located in a [Contracting State], or (d) the contract of carriage is entered into in a [Contracting State] or a transport document under the contract of carriage is issued in a [Contracting State], or (e) the contract of carriage or a transport document under the contract of carriage provides that the provisions of this Instrument or the legislation of any State giving effect to them are to govern the contract. This chapter is generally based on article 2 of the Hamburg Rules. The term "Contracting State" is bracketed to indicate that it has not yet been decided what form the Instrument will ultimately take. "Convention" and "Contracting State" are appropriate for a diplomatic convention. Until the "door-to-door" issues are resolved, this provision is broadly drafted to cover not only the port of loading but also the place of receipt; similarly, it covers not only the port of discharge but also the place of delivery. It may be necessary to revise this language when the "door-to-door" issues are resolved. 2.2 The provisions of this Instrument apply without regard to the nationality of the ship, the contracting carrier, the performing carriers, the shippers, the consignees, or any other interested parties. This provision follows article 2.2 of the Hamburg Rules. 2.3 2.3.1 The provisions of this Instrument do not apply to charter parties. This provision follows the first sentence of article 2.3 of the Hamburg Rules. During the discussion at the ISC’s fourth meeting in October, the question was raised how broadly this exclusion should apply. The charter party exclusion in international conventions goes back to the Hague Rules, and has been retained in essentially the same form ever since. Modern practice, however, goes well beyond traditional charter parties. It will thus be necessary to decide if this traditional exclusion should continue to be limited to traditional charter parties, or if it should be expanded to other contracts of carriage such as contracts of affreightment, volume contracts, service contracts, and similar agreements. 2.3.2 Notwithstanding 2.3.1, if a transport document evidencing a contract of carriage is issued under or pursuant to a charter party, [contract of affreightment, volume contract, service contract, or similar agreement,] then the provisions of this Instrument apply to the contract evidenced by that transport document to the extent that the transport document governs the relation between the carrier and the party other than the person with whom the carrier concluded such contract. This provision follows the second sentence of article 2.3 of the Hamburg Rules. The bracketed language reflects the issue discussed in the commentary to 2.3.1. 2.4 [If a contract provides for the future carriage of goods in a series of shipments, the provisions of this Instrument apply to each shipment to the extent that 2.1, 2.2, and 2.3 so specify.] This provision follows article 2.4 of the Hamburg Rules. It may need to be revised in light of the resolution of the issue discussed in the commentary to 2.3.1. If the exclusion in 2.3.1 is expanded to cover a contract providing for the future carriage of goods in a series of shipments, such as a service contract in the United States, then this provision should not undermine the exclusion by making the individual shipments subject to the provisions of this Instrument.