Trade & Transport News
April 2010
As you may know, the Rotterdam Rules are at a critical stage with, reportedly, pending USA legislation that if passed, would ratify the Rotterdam Rules. USA ratification would put pressure on other countries to adopt the Rules; and cargo claims governed by USA law would be subject to the Rotterdam Rules, wherever litigated.
My view is that the Rotterdam Rules are an unnecessary additional liability regime and that they are a bad thing for the transportation industry generally, particularly cargo interests. Accordingly, nine lawyers from several jurisdictions (UK, Australia, Canada, Norway, Sweden, Spain, and Chile) including myself, have written a paper titled "Particular concerns with regard to the Rotterdam Rules". It points out some flaws in Rotterdam and proposes an alternative convention.
