26. Time bar

Unless otherwise expressly agreed by the parties to a multimodal transport contract, no action in a court or arbitral proceedings relating to the international multimodal transport of any goods that are the subject of the contract may be brought unless the action or proceedings is or are instituted —

(a)

within a period of 9 months after the delivery of the goods that are the subject of the contract; or

(b)

if the goods have not been delivered, within a period of 9 months —

(i)

after the date on which the goods should have been delivered; or

(ii)

after the date on which, in accordance with section 15(6), failure to deliver the goods would give the consignee of the goods the right to treat the goods as lost.

Terms defined in s 2

consignee
Defined · s 2
“consignee”, in relation to any goods that are the subject of a multimodal transport contract, means the person entitled under the multimodal transport contract to receive the goods from the multimodal transport operator of the contract;
Open s 2
deliver
Defined · s 2
“deliver”, in relation to any goods that are the subject of a multimodal transport contract, means —(a)the handing over of the goods to the consignee of the goods;(b)the placing of the goods at the disposal of the consignee of the goods in accordance with the multimodal transport contract or with the law or usage of the particular trade applicable at the place specified in the multimodal transport contract for the delivery of the goods; or(c)the handing over of the goods to an authority or any other party to whom, in accordance with the laws applicable at the place specified in the multimodal transport contract for the delivery of the goods, the goods must be handed over;
Open s 2
goods
Defined · s 2
“goods” means any property (including any container, pallet or similar article of transport or packaging not supplied by a multimodal transport operator), whether such property is or is to be carried on or under the deck of a conveyance;
Open s 2
international multimodal transport
Defined · s 2
“international multimodal transport” means the carriage of goods on the basis of a multimodal transport contract by at least 2 different modes of transport —(a)from a place in a country at which the goods are taken in charge by the multimodal transport operator of the contract;(b)to a place designated for the delivery of the goods situated in a different country;
Open s 2
multimodal transport contract
Defined · s 2
“multimodal transport contract” means a contract whereby a multimodal transport operator undertakes, against payment of freight, to perform or to procure the performance of international multimodal transport of goods;
Open s 2

Report

Read on from s 27