ABSTRACT

The starting point in the operation of Article 30 of CMR Convention is the delivery of the goods, and its overall purpose would appear to be to ensure that the carrier is given notice of any impending claim against him at an early stage. The problem of jurisdiction clauses arises in relation to combined transport bills of lading. These commonly include jurisdiction clauses, which for other modes of transport or domestic road transport will be acceptable to the courts in many countries. The purpose of Article 31(2) is to avoid duplication of actions. Under Article 32(1)(a) where there has been partial loss, damage or delay in delivery of goods, it will begin to run as from the time of delivery. Under Article 32(2) the Convention makes provision for the suspension of the period of limitation. Broadly, this is achieved by sending a written claim to the carrier.