Multimodal Transport: Liability of Third Party Under International Carriage of Goods

DOI

10.2991/assehr.k.211203.013How to use a DOI?

Keywords

Himalaya clause; International Carriage of Goods; Liability; Multimodal Transport; Third Party

Abstract

The increase in international trade is followed by the increase in the carriage of goods services. There are various transportation modes for international carriage of goods, namely: land, sea, air, and multimodal. The problems often arise when goods are lost, damaged, or delay. Especially when using cross-border multimodal transportation, which causes difficulty determining who is the responsible party; It becomes more complicated when a third party performs the carriage of goods, but he is not the party of a contract between the consignor and the Multimodal Transport Operator (MTO). This research uses the normative legal method to determine the third party’s liability in the international multimodal transport carriage of goods. This paper suggested that the third party rely on the Himalaya clause to extend limitation liability to the MTO. Several conditions are to be fulfilled when the party would like to use the Himalaya clause, such as acceptance from the third party, explicit determination of who are the third party, kind of acts or omissions, and separate contract between the MTO and the third party.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Desak Putu Dewi Kasih
AU  - Made Suksma Prijandhini Devi Salain
PY  - 2021
DA  - 2021/12/03
TI  - Multimodal Transport: Liability of Third Party Under International Carriage of Goods
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 59
EP  - 63
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.013
DO  - 10.2991/assehr.k.211203.013
ID  - Kasih2021
ER  -