Conditions

Convention on the Contract for the International Carriage of Goods by Road (CMR)

The Contracting Parties,
Recognizing the usefulness of regulating in a uniform manner the conditions of the contract for the international carriage of goods by road, in particular with regard to the documents to be used for such carriage and the liability of the carrier,
Have agreed as follows:

Chapter I | Scope of Application

Article 1
1.
This Convention shall apply to every contract for the carriage of goods by road for reward by means of vehicles, when the place of taking over of the goods and the place designated for delivery, as indicated in the contract, are situated in two different countries, of which at least one is a Contracting Party to the Convention, irrespective of the place of residence and the nationality of the parties.
2.
For the purposes of this Convention, “vehicles” means motor vehicles, articulated vehicles, trailers and semi-trailers, as described in Article 4 of the Convention on Road Traffic of 19 September 1949.
3.
This Convention shall also apply when the carriage falling within its scope is performed by States or by governmental institutions or organizations.
4.
This Convention shall not apply:
a) to carriage performed under the terms of any international postal conventions,
b) to carriage of corpses,
c) to removals.
5.
The Contracting Parties agree that this Convention shall not be modified by special agreements concluded between two or more of them, except for the purpose of excluding its application to their frontier traffic or permitting the use, for carriage entirely confined to their territory, of a consignment note representing the goods.

Article 2
1.
Where the vehicle containing the goods is carried over part of the journey by sea, rail, inland waterways or air, without the goods being unloaded from the vehicle except where necessary for the application of Article 14, this Convention shall nevertheless apply to the whole of the carriage. However, to the extent that it is proved that loss, damage or delay in delivery of the goods occurring during carriage by such other means was not caused by an act or omission of the road carrier and resulted from a fact which could only have occurred during and because of the carriage by that other means, the liability of the road carrier shall not be determined by this Convention but in the manner in which the liability of the non-road carrier would have been determined if a contract of carriage of the goods solely by that other means had been concluded pursuant to mandatory legal provisions concerning the carriage of goods by that means. In the absence of such provisions, the liability of the road carrier shall, however, be determined by this Convention.
2.
If the road carrier himself performs the part of the carriage which does not take place by road, his liability shall likewise be determined according to paragraph 1, as if the capacities of road carrier and non-road carrier were exercised by two different persons.

Chapter II | Persons for whom the carrier is liable

Article 3
For the purposes of this Convention, the carrier shall be liable, as if for his own acts and omissions, for the acts and omissions of his servants and of all other persons of whose services he makes use for the performance of the carriage, when such servants or such persons act within the scope of their employment.

Chapter III | Conclusion and performance of the contract of carriage

Article 4
The contract of carriage shall be confirmed by a consignment note. The absence, irregularity or loss of the consignment note shall not affect either the existence or the validity of the contract of carriage, which shall remain subject to the provisions of this Convention.

Article 5
1.
The consignment note shall be made out in three original copies, signed by the sender and the carrier. The signature may be printed or replaced by the stamps of the sender and the carrier if the law of the country in which the consignment note is made out permits this. The first copy shall be handed to the sender, the second shall accompany the goods and the third shall be retained by the carrier.

Article 6
1.
The consignment note shall contain the following particulars:
a) the place and date of its issue;
b) the name and address of the sender;
c) the name and address of the carrier;
d) the place and the date of taking over of the goods and the place designated for delivery;
e) the name and address of the consignee;
f) the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognized description;
g) the number of packages, their special marks and numbers;
h) the gross weight or the quantity of the goods otherwise expressed;
i) the charges relating to the carriage (carriage charges, supplementary charges, customs duties and other charges incurred from the making of the contract to the time of delivery);
j) the requisite instructions for customs and other formalities;
k) a statement that the carriage is subject, notwithstanding any clause to the contrary, to the provisions of this Convention.

2.
Where applicable, the consignment note shall also contain the following particulars:
a) a statement that transshipment is not allowed;
b) the charges which the sender undertakes to pay;
c) the amount of the cash-on-delivery charge to be collected at delivery;
d) the declared value of the goods and the amount representing the special interest in delivery;
e) the sender’s instructions to the carrier regarding insurance of the goods;
f) the agreed time limit within which the carriage is to be carried out;
g) a list of documents handed to the carrier.

3.
The parties may enter in the consignment note any other particulars which they may deem useful.

Article 7
1.
The sender shall be liable for all expenses, loss and damage sustained by the carrier by reason of the inaccuracy or inadequacy:
a) of the particulars specified in Article 6, paragraph 1, subparagraphs (b), (d), (e), (f), (g), (h) and (j),
b) of the particulars specified in Article 6, paragraph 2,
c) of any other particulars or instructions given by him for the making out of the consignment note or for entry therein.

2.
If at the request of the sender the carrier enters in the consignment note the particulars referred to in paragraph 1 of this article, he shall be deemed, unless the contrary is proved, to have done so on behalf of the sender.

3.
If the consignment note does not contain the statement referred to in Article 6, paragraph 1, subparagraph (k), the carrier shall be liable for all expenses, loss and damage incurred by the person entitled to dispose of the goods by reason of such omission.

2.
When the goods to be carried must be loaded in different vehicles or when they consist of different kinds or of separate lots, the sender or the carrier shall have the right to demand that separate consignment notes be made out for each vehicle used or for each kind or lot of goods.

Article 8
1.
When taking over the goods, the carrier shall be bound to check:
a) the accuracy of the statements in the consignment note as to the number of packages, and their marks and numbers,
b) the apparent condition of the goods and their packaging.

2.
Where the carrier has no reasonable means of checking the accuracy of the statements referred to in paragraph 1 (a) of this article, he shall enter his reservations in the consignment note. He shall also state the reasons for any reservations he makes with regard to the apparent condition of the goods and their packaging. Such reservations shall not bind the sender unless he has expressly accepted them in the consignment note.

3.
The sender shall have the right to require the carrier to check the gross weight or the quantity otherwise expressed of the goods. He may also require the contents of the packages to be checked. The carrier may claim the cost of such checking. The results of the checks shall be entered in the consignment note.

Article 9
1.
The consignment note shall be prima facie evidence of the conclusion of the contract of carriage, of the conditions of the contract, and of the receipt of the goods by the carrier.

2.
In the absence of reservations by the carrier in the consignment note, duly justified, it shall be presumed that the goods and their packaging were in apparent good condition at the time the carrier took them over and that the number of packages, as well as their marks and numbers, were as stated in the consignment note.

Article 10
The sender shall be liable to the carrier for any damage to persons, equipment or other goods and for any expenses resulting from defective packaging of the goods, unless the defect was apparent or known to the carrier at the time of taking over and no reservations were made by the carrier in respect thereof.

Article 11
1.
In order to meet customs and other formalities which have to be completed before delivery, the sender shall attach the necessary documents to the consignment note or place them at the disposal of the carrier and furnish him with all the information required.

2.
The carrier shall not be under any obligation to enquire into either the accuracy or the adequacy of such documents or information. The sender shall be liable to the carrier for any damage which may result from the absence, inadequacy or irregularity of such documents and information, unless the damage is due to the fault of the carrier.

3.
The carrier shall be responsible for the consequences of the loss or misuse of the documents referred to in paragraph 1 of this article, which accompany the consignment note or are placed in his hands; but compensation payable by him shall not exceed that payable in the event of loss of the goods.

Article 12
1.
The sender shall have the right to dispose of the goods, particularly by asking the carrier to stop the goods in transit, to change the place designated for delivery, or to deliver the goods to a consignee other than the one indicated in the consignment note.

2.
This right shall cease when the second copy of the consignment note has been handed to the consignee or at the time when the consignee exercises the right referred to in Article 13, paragraph 1; from that moment the carrier shall comply with the orders of the consignee.

3.
The right of disposal shall, however, belong to the consignee from the time when the consignment note is made out, if a note to that effect is made in the consignment note by the sender.

4.
If the consignee, in exercising his right of disposal, instructs that the goods be delivered to another person, that person shall not be entitled to designate another consignee.

5.
The exercise of the right of disposal shall be subject to the following conditions:
a) the sender or, in the case referred to in paragraph 3 of this article, the consignee who wishes to exercise this right must produce the first copy of the consignment note on which the new instructions to the carrier must be entered, and must indemnify the carrier for expenses and damage involved in carrying out such instructions;
b) the carrying out of such instructions must be possible at the time they reach the person who is to carry them out and must not interfere with the normal working of the carrier’s undertaking nor prejudice the senders or consignees of other consignments;
c) the instructions must not result in a division of the consignment.

6.
When, by reason of the provisions of paragraph 5 (b) of this article, the carrier cannot carry out the instructions he receives, he shall at once inform the person from whom the instructions emanate.

7.
A carrier who has not carried out the instructions given in accordance with the conditions of this article or who has carried them out without requiring the first copy of the consignment note to be produced shall be liable for any resultant loss to the person entitled to dispose of the goods.

Article 13
1.
After the arrival of the goods at the place designated for delivery, the consignee shall be entitled to require the carrier to deliver to him the second copy of the consignment note and the goods against receipt. If loss of the goods is established or if the goods have not arrived at the expiry of the time limit provided in Article 19, the consignee shall be entitled to enforce in his own name against the carrier the rights arising from the contract of carriage.

2.
The consignee who avails himself of the rights referred to in paragraph 1 of this article shall be liable for payment of the charges shown in the consignment note. In case of dispute, the carrier shall not be bound to deliver the goods unless the consignee provides security.

Article 14
1.
If, for any reason whatsoever, it is impossible to carry out the contract in accordance with the terms of the consignment note before the goods arrive at the place designated for delivery, the carrier shall request instructions from the person entitled to dispose of the goods in accordance with Article 12.

2.
Nevertheless, if circumstances allow the carriage to be performed on terms other than those laid down in the consignment note, and if the carrier cannot obtain instructions in reasonable time from the person entitled to dispose of the goods in accordance with Article 12, he shall take such steps as appear to him to be in the best interests of that person.

Article 15
1.
When, after the arrival of the goods at the place of destination, circumstances prevent delivery, the carrier shall request instructions from the sender. If the consignee refuses the goods, the sender shall be entitled to dispose of them without producing the first copy of the consignment note.

2.
The consignee may, even if he has refused the goods, require delivery of them at any time, unless the carrier has received contrary instructions from the sender.

3.
If circumstances preventing delivery occur after the consignee, in accordance with his right under Article 12, paragraph 3, has ordered the goods to be delivered to another person, the provisions of paragraphs 1 and 2 of this article shall apply, with the consignee being replaced by that other person and that other person by the consignee.

Article 16
1.
The carrier shall be entitled to recover the costs entailed by his request for instructions or the carrying out of instructions received, provided that such costs are not due to his own fault.

2.
In the cases referred to in Article 14, paragraph 1, and Article 15, the carrier may at once unload the goods for account of the person entitled to dispose of them; after such unloading the carriage shall be deemed to be at an end. The carrier shall then be in charge of the goods. He may, however, entrust them to a third party and shall then be responsible only for the exercise of reasonable care in the choice of such third party. The goods shall remain subject to the charges shown in the consignment note and to all other charges.

3.
The carrier may sell the goods, without waiting for instructions from the person entitled to dispose of them, if the perishable nature of the goods or their condition so justifies or if the cost of storage is disproportionate to the value of the goods. In other cases, he may also sell them if he has not received, within a reasonable time, instructions to the contrary from the person entitled to dispose of the goods, execution of such instructions being reasonably practicable.

4.
If the goods have been sold in accordance with this article, the proceeds of sale shall be placed at the disposal of the person entitled to dispose of the goods, after deduction of the charges attaching to the goods. If these charges exceed the proceeds of sale, the carrier shall be entitled to the balance.

5.
The sale shall be effected in accordance with the law or custom of the place where the goods are located.

Chapter IV | Liability of the carrier

Article 17
1.
The carrier shall be liable for total or partial loss of the goods and for damage thereto occurring between the time of taking over the goods and the time of delivery, as well as for delay in delivery.

2.
The carrier shall be relieved of this liability if the loss, damage or delay was caused by the fault of the person entitled to dispose of the goods, by an order given by such person which was not the result of the fault of the carrier, by inherent defect of the goods, or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.

3.
The carrier may not avail himself of the defects of the vehicle which he uses to carry out the carriage nor of the faults of the person from whom he has hired the vehicle or of that person’s servants in order to relieve himself of his liability.

4.
Subject to Article 18, paragraphs 2 to 5, the carrier shall be relieved of his liability when the loss or damage arises from the special risks inherent in one or more of the following circumstances:
a) the use of open, unsheeted vehicles, when this has been expressly agreed and stated in the consignment note;
b) the lack of or defective condition of packing in the case of goods which, by their nature, are liable to waste or deterioration when not packed or when not properly packed;
c) the handling, loading, stowage or unloading of the goods by the sender, the consignee or persons acting on behalf of the sender or consignee;
d) the nature of certain goods which, because of causes inherent in that nature, are liable to total or partial loss or to damage, especially due to breakage, rust, decay, drying out, leakage, normal wastage, or the action of vermin and rodents;
e) insufficiency or inadequacy of marks or numbers on the packages;
f) the carriage of live animals.

5.
Where, under this article, the carrier is not liable for some of the factors which have caused the damage, he shall be liable only to the extent to which those factors for which he is liable under this article have contributed to the damage.

Article 18
1.
The burden of proving that the loss, damage or delay was due to one of the facts specified in Article 17, paragraph 2, shall rest upon the carrier.

2.
When the carrier proves that, having regard to the circumstances of the case, the loss or damage could have arisen from one or more of the special risks referred to in Article 17, paragraph 4, it shall be presumed that it so arose. The person entitled to dispose of the goods may, however, prove that the loss or damage was not attributable, wholly or in part, to one of those risks.

3.
The presumption referred to above shall not apply in the case mentioned in Article 17, paragraph 4 (a), if there is an abnormal shortage or a loss of packages.

4.
If the carriage has been carried out by means of a vehicle specially equipped to protect the goods from the effects of heat, cold, variations in temperature or the humidity of the air, the carrier may not claim exemption from liability by reason of Article 17, paragraph 4 (d), unless he proves that all measures incumbent on him in the circumstances with respect to the choice, maintenance and use of such equipment have been taken and that he has complied with any special instructions given to him.

5.
The carrier may not claim exemption from liability under Article 17, paragraph 4 (f), unless he proves that all measures normally incumbent on him in the circumstances were taken and that he has complied with any special instructions given to him.

Article 19
Delay in delivery shall occur when the goods have not been delivered within the agreed time limit or, if no such time limit has been agreed, when the actual duration of the carriage, having regard to the circumstances and in particular in the case of partial loads to the time normally required for making up a full load under normal conditions, exceeds the time it would be reasonable to allow a diligent carrier.

Article 20
1.
The person entitled to dispose of the goods may, without furnishing any further proof, treat the goods as lost if they have not been delivered within thirty days after the expiry of the agreed time limit, or, if no such time limit has been agreed, within sixty days after the carrier took them over.

2.
The person entitled to dispose of the goods may, upon receipt of the compensation for the lost goods, request in writing that he be notified forthwith should the goods be recovered within the year following the payment of such compensation. This request shall be acknowledged in writing.

3.
Within thirty days after receipt of such notification, the person entitled to dispose of the goods may require that the goods be delivered to him, against payment of the charges shown in the consignment note and against reimbursement of the compensation received, less any expenses included therein, and without prejudice to any claim for delay in delivery under Article 23 and, where applicable, Article 26.

4.
If no such request as is referred to in paragraph 2 has been made, or if instructions have not been given within the thirty-day period referred to in paragraph 3, or if the goods are recovered more than one year after payment of the compensation, the carrier shall dispose of the goods in accordance with the law of the place where the goods are located.

Article 21
If the goods have been delivered to the consignee without collection of the cash-on-delivery charge which the carrier should have collected under the contract of carriage, the carrier shall be liable to the sender up to the amount of the cash-on-delivery charge without prejudice to his right of recourse against the consignee.

Article 22
1.
Where the sender hands over dangerous goods to the carrier, he must inform him of the exact nature of the danger and indicate, where necessary, the precautions to be taken. If this information is not entered in the consignment note, the burden of proof that the carrier knew of the exact nature of the danger arising from the carriage of such goods shall rest upon the sender or consignee.

2.
Dangerous goods of which the carrier did not know the dangerous nature, in accordance with paragraph 1 of this article, may at any time and at any place be unloaded, destroyed or rendered harmless by the carrier without compensation; the sender shall furthermore be liable for all expenses and loss resulting from their carriage or from the carriage itself.

Article 23
1.
Where, under the provisions of this Convention, the carrier is liable for total or partial loss of the goods, the compensation shall be calculated by reference to the value of the goods at the place and time at which they were taken over by the carrier.

2.
The value of the goods shall be determined according to the commodity exchange price or, if there is no such price, according to the current market price, or, if there is neither, according to the normal value of goods of the same kind and quality.

3.
The compensation shall not, however, exceed 8.33 units of account per kilogram of gross weight short.

4.
In addition, the carriage charges, customs duties and other charges incurred in respect of the carriage of the goods shall be refunded in full in the case of total loss and pro rata in the case of partial loss; no further compensation shall be payable.

5.
In the case of delay, if the person entitled to dispose of the goods proves that loss has resulted therefrom, the carrier shall be liable for such loss up to an amount not exceeding the carriage charges.

6.
Higher compensation may only be claimed where the value of the goods has been declared in accordance with Article 24 or where a special interest in delivery has been declared in accordance with Article 26.

7.
The unit of account mentioned in this Convention is the Special Drawing Right as defined by the International Monetary Fund. The amount referred to in paragraph 3 of this article shall be converted into the national currency of the country of the court seized of the case, according to the value of that currency on the date of the judgment or on the date agreed upon by the parties. The value of the national currency of a State which is a member of the International Monetary Fund, expressed in Special Drawing Rights, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund on the date in question for its own operations and transactions. The value of the national currency of a State which is not a member of the International Monetary Fund, expressed in Special Drawing Rights, shall be calculated in a manner determined by that State.

8.
Nevertheless, a State which is not a member of the International Monetary Fund and the law of which does not permit the application of paragraph 7 of this article may, at the time of ratifying or acceding to the Protocol to the CMR, or at any time thereafter, declare that the limit of liability provided for in paragraph 3 of this article and applicable in its territory shall be 25 monetary units. The monetary unit referred to in this paragraph shall correspond to 10/31 of a gram of gold of millesimal fineness 900. The conversion of this amount into the national currency shall be made according to the law of the State concerned.

9.
The conversion and calculation referred to in the last sentence of paragraph 7 and in paragraph 8 shall be made in such a manner as to express in the national currency of the State as closely as possible the same real value for the amount mentioned in paragraph 3 of this article as that expressed in units of account. Upon deposit of an instrument referred to in Article 3 of the Protocol to the CMR and whenever a change occurs in their method of calculation under paragraph 7 of this article or in the result of the conversion under paragraph 8 of this article, the States shall inform the Secretary-General of the United Nations of their method of calculation or of the result of the conversion.

Article 24
The sender may declare in the consignment note a value for the goods exceeding the limit laid down in Article 23, paragraph 3, and in such case the amount declared shall replace that limit.

Article 25
1.
In case of damage, the carrier shall pay the amount of the depreciation, calculated by reference to the value of the goods as defined in Article 23, paragraphs 1, 2 and 4.

2.
The compensation shall not, however, exceed:
a) if the whole consignment has been depreciated by reason of the damage, the amount that would have been payable in the case of total loss;
b) if only part of the consignment has been depreciated, the amount that would have been payable in the case of loss of the depreciated part.

Article 26
1.
The sender may fix the amount of a special interest in delivery, in the case of loss or damage and in that of exceeding the agreed time limit, by entering such amount in the consignment note.

2.
Where a special interest in delivery has been declared, a further claim, up to the amount of the special interest declared, may be made independently of the compensation provided for in Articles 23, 24 and 25, for loss or damage proved to have resulted from delay in delivery.

Article 27
1.
The person entitled to dispose of the goods may claim interest on the amount of compensation. This interest, at five per cent per annum, shall run from the date on which the written claim was sent to the carrier or, if no such claim has been made, from the date on which legal proceedings were instituted.

2.
Where the amounts upon which the calculation of the compensation is based are not expressed in the currency of the country in which payment is claimed, conversion shall be made at the rate of exchange prevailing on the date and at the place of payment of the compensation.

Article 28
1.
Where loss, damage or delay occurring in the course of carriage subject to this Convention gives rise to a claim against the carrier based on liability not governed by the contract of carriage, the carrier may avail himself of the provisions of this Convention which exclude his liability or which fix or limit the compensation due.

2.
Where the liability for loss, damage or delay of any servant of the carrier or any other person for whom the carrier is responsible under Article 3 is invoked, such servant or other person may also avail himself of the provisions of this Convention which exclude the liability of the carrier or which fix or limit the compensation due.

Article 29
1.
The carrier shall not be entitled to avail himself of the provisions of this chapter which exclude or limit his liability or which shift the burden of proof if the loss, damage or delay was caused by his willful misconduct or by such default on his part as, under the law of the court seized of the case, is considered as equivalent to willful misconduct.

2.
The same rule shall apply where the loss, damage or delay was caused by the willful misconduct or default of the carrier’s servants or of any other persons of whose services he makes use for the performance of the carriage when such servants or other persons act within the scope of their employment. In that case, such servants or other persons shall not be entitled to avail themselves, with regard to their personal liability, of the provisions of this chapter referred to in paragraph 1.

Chapter V | Claims in and out of court

Article 30
1.
If the consignee accepts the goods without having ascertained their condition in the presence of the carrier or without making, at the time of delivery in the case of visible loss or damage, or within seven days of delivery, excluding Sundays and public holidays, in the case of non-visible loss or damage, reservations to the carrier specifying the general nature of the loss or damage, he shall be presumed, unless the contrary is proved, to have received the goods in the condition described in the consignment note. In the case of non-visible loss or damage, such reservations must be made in writing.

2.
Where the condition of the goods has been ascertained jointly by the consignee and the carrier, evidence to the contrary of the results of such ascertainment shall not be admissible, unless the loss or damage is non-visible and the consignee has made written reservations within seven days, excluding Sundays and public holidays, after such ascertainment.

3.
In the case of delay in delivery, compensation shall only be payable if a written reservation has been made to the carrier within twenty-one days from the date on which the goods were placed at the disposal of the consignee.

4.
In calculating the time limits provided for in this article, the day on which delivery was made, or, as the case may be, the day on which ascertainment was made or the goods were placed at disposal, shall not be included.

5.
The carrier and the consignee shall give each other every reasonable facility for the investigation of the loss or damage.

Article 31
1.
Legal proceedings arising out of carriage under this Convention may be brought in courts or tribunals of the countries which are parties to this Convention, designated by agreement between the parties, or in the courts or tribunals of the country within whose territory:
a) the defendant is ordinarily resident, has his principal place of business, or the branch or agency through which the contract of carriage was made, or
b) the place where the goods were taken over by the carrier or the place designated for delivery is situated.
Proceedings may not be brought in any other courts or tribunals.

2.
Where, in legal proceedings referred to in paragraph 1 of this article, an action is pending before a competent court or tribunal or where, in such proceedings, judgment has been given by such a court or tribunal, no new proceedings shall be instituted between the same parties in respect of the same cause of action, unless the judgment of the court before which the first action was brought is not enforceable in the country in which the new proceedings are brought.

3.
When a judgment given by a court of a country which is a party to this Convention in any proceedings referred to in paragraph 1 has become enforceable in that country, it shall become enforceable in each of the other contracting countries as soon as the formalities required in the country concerned have been fulfilled. Such formalities shall not permit the merits of the case to be re-opened.

4.
The provisions of paragraph 3 of this article shall apply to judgments given on the merits, default judgments and settlements which are enforceable in the country of origin, but they shall not apply to interim judgments, nor to orders for the payment of costs or expenses awarded against a plaintiff in consequence of the dismissal of his action.

5.
No security for costs shall be required from nationals of contracting countries who have their residence or a place of business in one of those countries in any proceedings arising out of carriage under this Convention.

Article 32
1.
The period of limitation for an action arising out of carriage under this Convention shall be one year. In the case of wilful misconduct or such default as, under the law of the court or tribunal seized of the case, is considered as equivalent to wilful misconduct, the period of limitation shall be three years. The period of limitation shall run:
a) in the case of partial loss, damage or delay, from the date of delivery;
b) in the case of total loss, from the thirtieth day after the expiry of the agreed time limit or, if no time limit has been agreed, from the sixtieth day following the date on which the goods were taken over by the carrier;
c) in all other cases, from the expiry of a period of three months following the making of the contract of carriage.
The day referred to above as the beginning of the period of limitation shall not be included in the period.

2.
A written claim shall suspend the period of limitation until the day on which the carrier rejects the claim in writing and returns the documents appended thereto. In the case of partial admission of the claim, the suspension of the period of limitation shall only apply to that part of the claim which remains in dispute. The burden of proving receipt of the claim or of the reply and the return of the documents shall rest with the party relying upon such facts. Further claims relating to the same subject shall not suspend the period of limitation.

3.
Subject to the provisions of paragraph 2 of this article, the suspension and interruption of the period of limitation shall be governed by the law of the court or tribunal seized of the case.

4.
A time-barred claim may not be asserted by way of counter-claim or set-off.

Article 33
The contract of carriage may contain a clause conferring jurisdiction on an arbitration tribunal, provided that such tribunal applies this Convention.

Explanation:
On the initiative of the trade organizations EVO, Koninklijk Nederlands Vervoer, Nederlandsch Binnenvaartbureau and Transport en Logistiek Nederland, united in sVa / Stichting Vervoeradres, an arbitration tribunal has been established under the name “Stichting Arbitrage voor Logistiek”, with its seat in The Hague, telephone: 070 – 3066767, telefax 070 – 3512025, email: sal@tmsbv.nl, www.arbitrage-logistiek.nl.

If one wishes to use this arbitration tribunal for the settlement of disputes arising from the contract for the international carriage of goods by road, the following arbitration clause may be included in such a contract:

“All disputes arising between parties established in the Netherlands with regard to the present contract of carriage shall, with the application of the CMR, be settled in accordance with the Regulations of the Stichting Arbitrage voor Logistiek, established in The Hague.”

Chapter VI | Provisions concerning carriage performed by successive carriers

Article 34
Where carriage subject to a single contract is performed by successive road carriers, each of them, by taking over the goods and the consignment note, shall become a party to the contract of carriage under the terms of the consignment note, and shall assume the obligations arising therefrom. Each carrier shall be responsible for the performance of the whole of the carriage.

Article 35
1.
The carrier who takes over the goods from the preceding carrier shall give him a dated and signed receipt. He must also enter his name and address on the second copy of the consignment note. If appropriate, he shall enter on that copy and on the receipt any reservations of the kind referred to in Article 8, paragraph 2.

2.
The provisions of Article 9 shall apply to the relations between successive carriers.

Article 36
Save in the case of a counterclaim or a set-off raised in an action on a claim based on the same contract of carriage, legal proceedings for loss, damage or delay may only be brought against:
– the first carrier;
– the last carrier; or
– the carrier who performed the part of the carriage during which the event causing the loss, damage or delay occurred.
Legal proceedings may be brought at the same time against several of these carriers.

Article 37
A carrier who has paid compensation under the provisions of this Convention shall have a right of recourse for the principal sum, interest and costs against the carriers who participated in the performance of the carriage, according to the following rules:
a) the carrier responsible for the occurrence of the loss or damage shall bear the compensation alone, whether it was paid by him or by another carrier;
b) when the loss or damage was caused by the acts of two or more carriers, each carrier shall be liable in proportion to his share of responsibility; if it is impossible to determine the respective shares of responsibility, the liability shall be apportioned in proportion to the remuneration due to each carrier for the carriage;
c) if it cannot be established to whom the responsibility is to be ascribed, the compensation shall be apportioned among all the carriers in proportion to the remuneration due to each of them.

Article 38
If one of the carriers is insolvent, the share of the compensation he should have paid and has not paid shall be apportioned among the other carriers in proportion to the remuneration due to each of them.

Article 39
1.
A carrier against whom recourse is exercised under Articles 37 and 38 shall not be entitled to dispute the correctness of the payment made by the carrier exercising the right of recourse, provided that the compensation was determined by a court decision and that he was duly notified of the proceedings and given the opportunity to intervene or join the proceedings.

2.
A carrier who desires to exercise a right of recourse may do so before the competent court of the country in which one of the carriers concerned has his ordinary residence, his principal place of business, or the branch or agency through which the contract of carriage was made. Recourse may be exercised in one single action against all the carriers concerned.

3.
The provisions of Article 31, paragraphs 3 and 4, shall apply to judgments relating to recourse under Articles 37 and 38.

4.
The provisions of Article 32 shall apply to recourse actions between carriers. However, the limitation period shall run either from the date of the final judicial decision establishing the amount of compensation payable under this Convention or, where no such decision has been given, from the date of payment.

Article 40
Successive carriers may enter into agreements which derogate from Articles 37 and 38.

Hoofdstuk VII | Nullity of terms contrary to the Convention

Article 41
1.
Subject to the provisions of Article 40, any provision which directly or indirectly derogates from the provisions of this Convention shall be null and void. The nullity of such provisions shall not entail the nullity of the remaining provisions of the contract of carriage.

2.
In particular, any provision whereby the carrier is assigned the rights arising from the insurance of the goods, or any other provision of such nature, as well as any provision which alters the burden of proof, shall be null and void.

Chapter VIII | Final provisions

Article 42
1.
This Convention shall be open for signature or accession by countries which are members of the Economic Commission for Europe, and countries admitted to the Commission in an advisory capacity under paragraph 8 of the Commission’s Terms of Reference.

2.
Countries which may participate in certain activities of the Economic Commission for Europe under paragraph 11 of the Commission’s Terms of Reference may become Parties to this Convention by acceding thereto after its entry into force.

3.
The Convention shall be open for signature until 31 August 1956 inclusive. After that date, it shall be open for accession.

4.
This Convention shall be ratified.

5.
Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.

Article 43
1.
This Convention shall enter into force on the ninetieth day after five of the countries referred to in Article 42, paragraph 1, have deposited their instruments of ratification or accession.

2.
For each country ratifying or acceding after five countries have deposited their instruments of ratification or accession, this Convention shall enter into force on the ninetieth day after the deposit of its instrument of ratification or accession.

Article 44
1.
Any Contracting Party may denounce this Convention by means of a notification addressed to the Secretary-General of the United Nations.

2.
The denunciation shall take effect twelve months after the date on which the Secretary-General received the notification.

Article 45
If, after the entry into force of this Convention, the number of Contracting Parties is reduced to less than five as a result of denunciations, the Convention shall cease to have effect from the date on which the last of these denunciations takes effect.

Article 46
1.
Any country may, at the time of depositing its instrument of ratification or accession, or at any time thereafter, declare by notification addressed to the Secretary-General of the United Nations that this Convention shall apply to all or any of the territories for the international relations of which it is responsible. The Convention shall apply to the territory or territories named in the declaration ninety days after the date of receipt of the notification by the Secretary-General, or, if the Convention has not yet entered into force, from the date of its entry into force.

2.
Any country which has made a declaration under paragraph 1 of this article extending the application of this Convention to a territory for the international relations of which it is responsible may, in accordance with Article 44, denounce the Convention in respect of that territory.

Article 47
Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention which the Parties are unable to settle by negotiation or by other means may be referred, at the request of one of the Contracting Parties concerned, to the International Court of Justice for decision.

Article 48
1.
Any Contracting Party may, at the time of signing, ratifying or acceding to this Convention, declare that it does not consider itself bound by Article 47 of the Convention. The other Contracting Parties shall not be bound by Article 47 in respect of any Contracting Party which has made such a reservation.

2.
Any Contracting Party which has made a reservation in accordance with paragraph 1 of this article may withdraw it at any time by notification addressed to the Secretary-General of the United Nations.

3.
No other reservations to this Convention shall be permitted.

Article 49
1.
After this Convention has been in force for three years, any Contracting Party may, by notification addressed to the Secretary-General of the United Nations, request that a conference be convened for the purpose of revising the Convention. The Secretary-General shall notify all Contracting Parties of such request and shall convene a revision conference if, within four months after the date of the notification, not less than one fourth of the Contracting Parties inform him of their agreement with the request.

2.
If a conference is convened in accordance with paragraph 1 of this article, the Secretary-General shall notify all Contracting Parties and invite them to submit, within a period of three months, proposals which they wish the conference to consider. The Secretary-General shall circulate the provisional agenda of the conference, together with the texts of such proposals, to all Contracting Parties at least three months before the opening date of the conference.

3.
The Secretary-General shall invite to any conference convened in accordance with this article all the countries referred to in Article 42, paragraph 1, and the countries which have become Parties to the Convention under Article 42, paragraph 2.

Article 50
In addition to the notifications referred to in Article 49, the Secretary-General of the United Nations shall notify the countries referred to in Article 42, paragraph 1, and the countries which have become Parties to the Convention under Article 42, paragraph 2, of:
a) ratifications and accessions under Article 42;
b) the dates on which this Convention enters into force under Article 43;
c) denunciations under Article 44;
d) the termination of the Convention under Article 45;
e) notifications received under Article 46;
f) declarations and notifications received under Article 48, paragraphs 1 and 2.

Article 51
After 31 August 1956, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the countries referred to in Article 42, paragraphs 1 and 2. In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention. Done at Geneva, this nineteenth day of May, one thousand nine hundred and fifty-six, in a single copy in the English and French languages, both texts being equally authentic.