The Proposed Convention on International Multimodal Transport of Goods: A Progress Report

1980 ◽  
Vol 17 ◽  
pp. 247-279
Author(s):  
Gerald F. FitzGerald
Keyword(s):  
Progress Report ◽  
Transport Operator ◽  
Final Destination ◽  
Contractual Relationship ◽  
Multimodal Transport ◽  
Inland Waterway ◽  
Place Of Origin

The Growth of containerization and new transport technologies has encouraged widespread use of the international multimodal transport of goods. This development has given birth to the multimodal transport operator (MTO) who, contracting as a principal and not necessarily being a carrier, undertakes complete responsibility vis-à-vis a consignor for the transport of the consignor’s goods from the place of origin or acceptance situated in one country to the place of final destination or delivery situated in another country. The multimodal transport contract, which issui generis, provides for the MTO to furnish or procure transport on each stage of the transport, whether by air, inland waterway, sea, rail, or road. There will be no contractual relationship between the original consignor and the stage carriers or even non-carriers (for example, warehousemen) who will be subcontractors of the MTO.

Jurisdiction over ‘matters relating to a contract’ under the Brussels I (Recast) Regulation: No direct contractual relationship required: Joined Cases C-274/16, C-448/16 and C-447/16 flightright GmbH v. Air Nostrum, Líneas Aéreas del Mediterráneo SA, Roland Becker v. Hainan Airlines Co. Ltd and Mohamed Barkan and Others v. Air Nostrum, Líneas Aéreas del Mediterráneo SA, EU: C:2018:160

2018 ◽  
Vol 25 (4) ◽  
pp. 516-523 ◽  
Author(s):  
Michiel Poesen
Keyword(s):  
Final Destination ◽  
Contractual Relationship ◽  
Court Of Justice

The Court of Justice of the European Union’s (CJEU) flightright ruling further demarcates the concept of ‘matters relating to a contract’ that features in Article 7(1) of the Brussels I Recast Regulation. In its everlasting endeavour to clarify that concept’s reach, the CJEU sheds its light on airplane passengers’ compensation actions. Particular to this case is that instead of suing the contracting airline, which received the booking, the passengers opted to sue the operating airline, that is, the airline that performed the first leg of the flight on behalf of the contracting airline. The CJEU stretches the concept of contract to the extent that such an action is contractual, despite the absence of any direct contractual relationship. Additionally, it is held that the operating airline can be sued in the courts of the final destination even though the final leg of the flight had been operated by the contracting airline. This contribution observes that the concept of ‘matters relating to a contract’ is broadening because of the application of an ‘ancestry test’, which entails that the concept encompasses all actions that originate in a contract. Consequently, ever more actions can be brought into the contractual forum.

scholarly journals Development of conceptual provisions to effectively manage the activities of a multimodal transport operator

2021 ◽  
Vol 1 (3 (109)) ◽  
pp. 38-50
Author(s):  
Olena Sokolova ◽  
Olena Soloviova ◽  
Irina Borets ◽  
Irina Vysotska
Keyword(s):  
Business Processes ◽  
High Reliability ◽  
Point Of View ◽  
Multimodal Transportation ◽  
Transport Operator ◽  
Multimodal Transport ◽  
Strategic Goals ◽  
Transport Safety ◽  
Factor Evaluation ◽  
Functional Features

Modern market requirements for transportation of cargo flows according to the «quality, speed, and cost» criteria were studied. It was found that multimodal routes have the lowest delivery time, high reliability, and minimum transit time, which provides a more accurate level of control of costs, traffic schedules, and transport safety. It was determined that the effectiveness of multimodal transportation schemes depends on a degree of realization of resource capabilities and management technologies of a multimodal transport operator (MTO). The functional features and the MTO classification were generalized, which makes it possible to generate the MTO business model as a responsible integrator of transport and logistic processes, rather than consider it only from the point of view of the organizer of mixed transportation schemes. The technology of the organizational transportation process was systematized, based on which a system of strategic goals and key performance indicators (KPI) was developed, which makes it possible to determine the «bottlenecks» according to the main business processes of a multimodal transportation operator. The modified multifactor DuPont model was proposed, which makes it possible to establish the priority of factor evaluation of more time-stable indicators based on determining the levers of the MTO resource efficiency with greater coverage of factors. The performed research can become the basis for further development of the multimodal cargo transportation system based on the development of the model for optimal management of the MTO business processes.

scholarly journals Liability of the multimodal transport operator – the case of Kosovo

Pomorstvo ◽  
2017 ◽  
Vol 31 (1) ◽  
pp. 77-91
Author(s):  
Nexhat Jashari
Keyword(s):  
Transport Operator ◽  
Better Regulation ◽  
Multimodal Transport ◽  
International Transport ◽  
Mode Of Transport

This paper gives a particular attention to the handling of the multimodal transport operator’s liability in view of the new legislation in Kosovo, in terms of comparison with international legislation. From the research carried out in this area of transport, it has been found that, over the last decades, the international transport of goods has become more sophisticated and effective, and has increased rapidly because of the increased use of containers. Containers have advanced the flexibility to focus more on an integrated movement of goods instead of the movement specifically associated with a certain mode of transport. Unfortunately, this technical flexibility has been accompanied by a severe rigidity in the legal field in Kosovo as well. Although the transfer of goods from one type of transport to another type of transport has been greatly facilitated as a result of the container revolution, developments in the area of international and Kosovo legislation in the field of transport have not followed this pace. The recommendations on the necessity of a better regulation of the liability of the multimodal transport operator in the new legislation in Kosovo have been given at the end of this paper.

scholarly journals Reverse Aftermarket Logistics in E-Commerce a Case Study in a Manaus Microenterprise

2019 ◽  
Vol 7 (9) ◽  
pp. 165-174
Author(s):  
Geovani da Silva Monteiro ◽  
Luiz André Martins Pereira ◽  
David Barbosa de Alencar ◽  
Antônio Estanislau Sanches ◽  
Carlos Eduardo de Oliveira ◽  
...  
Keyword(s):  
Supply Chains ◽  
Real Time ◽  
Reverse Logistics ◽  
Raw Material ◽  
Global Competition ◽  
Entire Process ◽  
Final Destination ◽  
Place Of Origin ◽  
Final Consumer

Logistics are of great importance in a globalized market. Supply chains are always in global competition, involving multiple countries and multiple companies. Direct Logistics is the process by which the products pass from the place of origin of the raw material to the final consumer. Aftermarket Reverse Logistics is required to resolve issues after products reach their final destination, and before consumption, but can also occur before, as is the case with e-commerce, due to problems in receiving ordering, packaging and shipping. Companies must always be prepared to respond quickly to this demand. Strict control of the entire process from order receipt to delivery to the consumer is required and this process needs to be integrated in real time. In the case study, of the orders sent, only about 3% present some problem, all of which are solved quickly. This result is the way the company handles each order, in constant communication with the customer, clarifying doubts and solving problems quickly. The result is the low return rate compared to other e-commerce companies, and the 100% resolution of cases, always valuing the satisfaction of their customers.

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