ABSTRACT

A major innovation of the Rotterdam Rules (RR) compared to their predecessors has been the acknowledgement of electronic transport records. Article 1(18) of the RR stipulates the kind of information that forms part of the electronic transport record, clarifying that this information is needed as evidence for the contract of carriage by the carrier or performing party, and for the receipt of the goods under it. The term "electronic communication" is also defined in Article 1(17) as "information generated, sent, received or stored by electronic, optical, digital or similar means with the result that the information communicated is accessible so as to be usable for subsequent reference". The RR evidence abstract and minimal codification, particularly in the e-commerce sphere, as they would like to promote technological neutrality. Article 38(2) of the RR contains the requirements for electronic signatures when electronic transport records are used.