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) in accordance with the law of the court or tribunal seised of the case, is considered as equivalent to wilful misconduct, the period of limitation shall be three years. The period of limitation shall begin to run: (a) In the case of partial loss, damage or delay in delivery, from the date of delivery; 174 (b) In the case of total loss, from the thirtieth day after the expiry of the agreed time-limit 175 or where there is no agreed time-limit from the sixtieth day from the date on which the goods were taken over by the carrier; (c) In all other cases, on the expiry of a period of three months after the making of the 176 contract of carriage. The day on which the period of limitation begins to run shall not be included in the 177 period. 2. A written claim shall suspend the period of limitation until such date as the carrier 178 rejects the claim by notification in writing and returns the documents attached thereto. If a part of the claim is admitted the period of limitation shall start to run again only in respect of that part of the claim still in dispute. The burden of proof of the receipt of the claim, or of the reply and of the return of the documents, shall rest with the party relying upon these facts. The running of the period of limitation shall not be suspended by further claims having the same object. 3. Subject to the provisions of paragraph 2 above, the extension of the period of limi- 179 tation shall be governed by the law of the court or tribunal seized of the case. That law shall also govern the fresh accrual of rights of action. 4. A right of action which has become barred by lapse of time may not be exercised by 180 way of counterclaim or set-off. Article 33 181 The contract of carriage may contain a clause conferring competence on an arbitration 182 tribunal if the clause conferring competence on the tribunal provides that the tribunal shall apply this Convention. Chapter VI - Provisions Relating to Carriage Performed by Successive Carriers Article 34 183 184 If carriage governed by a single contract is performed by successive road carriers, each 185 of them shall be responsible for the performance of the whole operation, the second carrier and each succeeding carrier becoming a party to the contract of carriage, under the terms of the consignment note, by reason of his acceptance of the goods and the consignment note. SiSU lexmercatoria.org 15
20 Online Touch Home