Convention on the Contract for the International Carriage of Goods by Road (CMR) (1978 - Geneva, 19 May 1956 as amended by Protocol to the CMR, Geneva, 5 July, 1978) 3. No compensation shall be payable for delay in delivery unless a reservation has 163 been sent in writing to the carrier, within twenty-one days from the time that the goods were placed at the disposal of the consignee. 4. In calculating the time-limits provided for in this article the date of delivery, or the date 164 of checking, or the date when the goods were placed at the disposal of the consignee, as the case may be, shall not be included. 5. The carrier and the consignee shall give each other every reasonable facility for 165 making the requisite investigations and checks. Article 31 166 1. In legal proceedings arising out of carriage under this Convention, the plaintiff may 167 bring an action in any court or tribunal of a contracting country designated by agreement between the parties and, in addition, in the courts or tribunals of a country within whose territory: (a) The defendant is ordinarily resident, or has his principal place of business, or the 168 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. 2. Where in respect of a claim referred to in paragraph 1 of this article an action is pending before a court or tribunal competent under that paragraph, or where in respect of such a claim a judgement has been entered by such a court or tribunal no new action shall be started between the same parties on the same grounds unless the judgement of the court or tribunal before which the first action was brought is not enforceable in the country in which the fresh proceedings are brought. 3. When a judgement entered by a court or tribunal of a contracting country in any 169 such action as is referred to in paragraph 1 of this article has become enforceable in that country, it shall also become enforceable in each of the other contracting States, as soon as the formalities required in the country concerned have been complied with. These 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 judgements after trial, 170 judgements by default and settlements confirmed by an order of the court, but shall not apply to interim judgements or to awards of damages, in addition to costs against a plaintiff who wholly or partly fails in his action. 5. Security for costs shall not be required in proceedings arising out of carriage under 171 this Convention from nationals of contracting countries resident or having their place of business in one of those countries. Article 32 172 1. The period of limitation for an action arising out of carriage under this Convention 173 shall be one year. Nevertheless, in the case of wilful misconduct, or such default as SiSU lexmercatoria.org 14
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