Substantiating the Status of the Freight Forwarder

Trade expert T O Lee comments on the new set of FIATA model rules for freight forwarding services.

Lloyd's of London Press
"Lloyd's Freight Transport Buyer Asia" Magazine
May/June 2000 Issue

The legal status of a freight forwarder and the extent and nature of its liability are not clearly defined and do vary from one country to another. To substantiate the international status of the freight forwarder, particularly in developing and transition countries, Professor Jan Ramberg and his colleagues in a small working group from ICC Commission on International Commercial Practice, at the request of the FIATA (International Federation of Freight Forwarders Association) Presidency, drafted the FIATA Model Rules for Freight Forwarding Services. These rules are voluntary and can be used by freight forwarders in all contractual dealings.

It is hoped that the model rules will bring uniformity in standards of service and clarify the legal liability of freight forwarders around the world. With more confidence in the services provided by freight forwarders, it is expected that the scope and magnitude of the freight forwarder’s services will expand rapidly with time.

On the contents of the model rules, I have the following suggestions:

Rule 2 Definitions

Sub Rule 2.1 Freight Forwarding Services
...

Sub Rule 2.3 Carrier
...

Rule 5 Method and Route of Transportation

...

Rule 7. Liability As Principal

Sub Rule 7.1 The Freight Forwarder’s Liability as Carrier
...

Applicability to Actions in Tort

...

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