United Nations Convention on
International Multimodal Transport of
Goods (Geneva, 24 May 1980)
United Nations (UN)
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 United Nations (UN) 1980
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Contents
Contents
United Nations Convention on International Multimodal Transport of Goods
(Geneva, 24 May 1980) 1
[Preamble] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Part I - General Provisions 2
Article 1 - Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Article 2 - Scope of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Article 3 - Mandatory application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Article 4 - Regulation and control of multimodal transport . . . . . . . . . . . . . . 3
Part II - Documentation 3
Article 5 - Issue of multimodal transport document . . . . . . . . . . . . . . . . . . 3
Article 6 - Negotiable multimodal transport document . . . . . . . . . . . . . . . . . 4
Article 7- Non-negotiable multimodal transport . . . . . . . . . . . . . . . . . . . . 4
Article 8 - Contents of the multimodal transport document . . . . . . . . . . . . . . 4
Article 9 - Reservations in the multimodal transport document . . . . . . . . . . . . 5
Article 10 - Evidentiary effect of the multimodal transport document . . . . . . . . . 6
Article 11 - Liability for intentional misstatements or omissions . . . . . . . . . . . . 6
Article 12 - Guarantee by the consignor . . . . . . . . . . . . . . . . . . . . . . . . 6
Article 13 - Other documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part III - Liability of the Multimodal Transport Operator 7
Article 14- Period of responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Article 15 - The liability of the multimodal transport operator for his servants, agents
and other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Article 16- Basis of liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Article 17- Concurrent causes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Article 18- Limitation of liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Article 19- Localised damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Article 20 - Non-contractual liability . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Article 21 - Loss of the right to limit liability . . . . . . . . . . . . . . . . . . . . . . 10
Part IV - Liability of the Consignor 10
Article 22 - General rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Article 23 - Special rules on dangerous goods . . . . . . . . . . . . . . . . . . . . . 10
Part V - Claims and Actions 11
Article 24 - Notice of loss, damage or delay . . . . . . . . . . . . . . . . . . . . . . 11
Article 25 - Limitation of actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Article 26 - Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Article 27- Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part VI - Supplementary Provisions 13
Article 28 - Contractual stipulations . . . . . . . . . . . . . . . . . . . . . . . . . . 13
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Contents
Article 29 - General average . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Article 30 - Other Conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Article 31 - Unit of account of monetary unit and conversion . . . . . . . . . . . . . 15
Part VII - Customs Matters 16
Article 32 - Customs transit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part VIII - Final Clauses 16
Article 33 - Depositary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Article 34 - Signature, ratification, acceptance, approval and accession . . . . . . . . 16
Article 35 - Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Article 36 - Entry into force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Article 37 - Date of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Article 38 - Rights and obligations under existing conventions . . . . . . . . . . . . 17
Article 39 - Revision and amendments . . . . . . . . . . . . . . . . . . . . . . . . . 17
Article 40 - Denunciation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
[Post Provisions] 18
Annex 19
Article I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Article II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Article III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Article IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Article V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Article VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Document Information 21
MetaData . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Information on this document copy and an unofficial List of Some web related
information and sources 22
Information on this document copy . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Links that may be of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
UNITED NATIONS CONVENTION ON INTERNATIONAL MULTIMODAL TRANS-1
PORT OF GOODS (GENEVA, 24 MAY 1980)
[Preamble]
The States Parties to this Convention, 2
Recognising: 3
(a) That international multimodal transport is one means of facilitating the orderly expansion 4
of world trade;
(b) The need to stimulate the development of smooth, economic and efficient multimodal trans- 5
port services adequate to the requirements of the trade concerned;
(c) The desirability of ensuring the orderly development of international multimodal transport 6
in the interest of all countries and the need to consider the special problems of transit coun-
tries;
(d) The desirability of determining certain rules relating to the carriage of goods by interna- 7
tional multimodal transport contracts, including equitable provisions concerning the liability of
multimodal transport operators;
(e) The need that this Convention should not affect the application of any international conven- 8
tion or national law relating to the regulation and control of transport operations;
(f) The right of each State to regulate and control at the national level multimodal transport 9
operators and operations;
(g) The need to have regard to the special interest and problems of developing countries, for 10
example, as regards introduction of new technologies, participation in multimodal services of
their national carriers and operators, cost efficiency thereof and maximum use of local labour
and insurance;
(h) The need to ensure a balance of interests between suppliers and users of multimodal trans- 11
port services;
(i) The need to facilitate customs procedures with due consideration to the problems of transit 12
countries;
Agreeing to the following basic principles: 13
(a) That a fair balance of interests between developed and developing countries should be es- 14
tablished and an equitable distribution of activities between these groups of countries should be
attained in international multimodal transport;
(b) That consultation should take place on terms and conditions of service, both before and 15
after the introduction of any new technology in the multimodal transport of goods, between
the multimodal transport operator, shippers, shippers' organisations and appropriate national
authorities;
(c) The freedom for shippers to choose between multimodal and segmented transport ser- 16
vices;
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
(d) That the liability of the multimodal transport operator under this Convention should be 17
based on the principle of presumed fault or neglect;
Have decided to conclude a Convention for this purpose and have thereto agreed as follows: 18
PART I - GENERAL PROVISIONS 19
Article 1 - Definitions 20
For the purposes of this Convention: 21
1. "International multimodal transport" means the carriage of goods by at least two different 22
modes of transport on the basis of a multimodal transport contract from a place in one country at
which the goods are taken in charge by the multimodal transport operator to a place designated
for delivery situated in a different country. The operations of pick-up and delivery of goods
carried out in the performance of a unimodal transport contract, as defined in such contract,
shall not be considered as international multimodal transport.
2. "Multimodal transport operator" means any person who on his own behalf or through an- 23
other person acting on his behalf concludes a multimodal transport contract and who acts as a
principal, not as an agent or on behalf of the consignor or of the carriers participating in the
multimodal transport operations, and who assumes responsibility for the performance of the
contract.
3. "Multimodal transport contract" means a contract whereby a multimodal transport operator 24
undertakes, against payment of freight, to perform or to procure the performance of international
multimodal transport. 4. "Multimodal transport document" means a document which evidences
a multimodal transport contract, the taking in charge of the goods by the multimodal transport
operator, and an undertaking by him to deliver the goods in accordance with the terms of that
contract.
5. "Consignor" means any person by whom or in whose name or on whose behalf a multimodal 25
transport contract has been concluded with the multimodal transport operator, or any person by
whom or in whose name or on whose behalf the goods are actually delivered to the multimodal
transport operator in relation to the multimodal transport contract.
6. "Consignee" means the person entitled to take delivery of the goods. 26
7. "Goods" includes any container, pallet or similar article of transport or packaging, if supplied 27
by the consignor.
8. "International convention" means an international agreement concluded among States in 28
written form and governed by international law.
9. "Mandatory national law" means any statutory law concerning carriage of goods the pro- 29
visions of which cannot be departed from by contractual stipulation to the detriment of the
consignor.
10. "Writing" means, inter alia, telegram or telex. 30
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
Article 2 - Scope of application 31
The provisions of this Convention shall apply to all contracts of multimodal transport between 32
places in two States, if:
(a) The place for the taking in charge of the goods by the multimodal transport operator as 33
provided for in the multimodal transport contract is located in a Contracting State, or
(b) The place for delivery of the goods by the multimodal transport operator as provided for in 34
the multimodal transport contract is located in a Contracting State.
Article 3 - Mandatory application 35
1. When a multimodal transport contract has been concluded which according to article 2 36
shall be governed by this Convention, the provisions of this Convention shall be mandatorily
applicable to such contract.
2. Nothing in this Convention shall affect the right of the consignor to choose between multi- 37
modal transport and segmented transport.
Article 4 - Regulation and control of multimodal transport 38
1. This Convention shall not affect, or be incompatible with, the application of any international 39
convention or national law relating to the regulation and control of transport operations.
2. This Convention shall not affect the right of each State to regulate and control at the national 40
level multimodal transport operations and multimodal transport operators, including the right to
take measures relating to consultations, especially before the introduction of new technologies
and services, between multimodal transport operators, shippers, shippers' organisations and
appropriate national authorities on terms and conditions of service; licensing of multimodal
transport operators; participation in transport; and all other steps in the national economic and
commercial interest.
3. The multimodal transport operator shall comply with the applicable law of the country in 41
which he operates and with the provisions of this Convention.
PART II - DOCUMENTATION 42
Article 5 - Issue of multimodal transport document 43
1. When the goods are taken in charge by the multimodal transport operator, he shall issue a 44
multimodal transport document which, at the option of the consignor, shall be in either nego-
tiable or non-negotiable form.
2. The multimodal transport document shall be signed by the multimodal transport operator or 45
by a person having authority from him.
3. The signature on the multimodal transport document may be in handwriting, printed in 46
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
facsimile, perforated, stamped, in symbols, or made by any other mechanical or electronic
means, if no inconsistent with the law of the country where the multimodal transport document
is issued.
4. If the consignor so agrees, a non-negotiable multimodal transport document may be issued 47
by making use of any mechanical or other means preserving a record of the particulars stated
in article 8 to be contained in the multimodal transport document. In such a case the multi-
modal transport operator, after having taken the goods in charge, shall deliver to the consignor
a readable document containing all the particulars so recorded, and such document shall for the
purposes of the provisions of this Convention be deemed to be a multimodal transport docu-
ment.
Article 6 - Negotiable multimodal transport document 48
1. Where a multimodal transport document is issued in negotiable form: 49
(a) It shall be made out to order or to bearer; 50
(b) If made out to order it shall be transferable by endorsement; 51
(c) If made out to bearer it shall be transferable without endorsement; 52
(d) If issued in a set of more than one original it shall indicate the number of originals in the 53
set;
(e) If any copies are issued each copy shall be marked "non-negotiable copy" 54
2. Delivery of the goods may be demanded from the multimodal transport operator or a person 55
acting on his behalf only against surrender of the negotiable multimodal transport document
duly endorsed where necessary.
3. The multimodal transport operator shall be discharged from his obligation to deliver the 56
goods if, where a negotiable multimodal transport document has been issued in a set of more
than one original, he or a person acting on his behalf has in good faith delivered the goods
against surrender of one of such originals.
Article 7- Non-negotiable multimodal transport 57
1. Where a multimodal transport document is issued in non-negotiable form it shall indicate a 58
named consignee.
2. The multimodal transport operator shall be discharged from his obligation to deliver the 59
goods if he makes delivery thereof to the consignee named in such non-negotiable multimodal
transport document or to such other person as he may be duly instructed, as a rule, in writ-
ing.
Article 8 - Contents of the multimodal transport document 60
1. The multimodal transport document shall contain the following particulars: 61
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
(a) The general nature of the goods, the leading marks necessary for identification of the goods, 62
an express statement, if applicable, as to the dangerous character of the goods, the number of
packages or pieces, and the gross weight of the goods or their quantity otherwise expressed, all
such particulars as furnished by the consignor;
(b) The apparent condition of the goods; 63
(c) The name and principal place of business of the multimodal transport operator; 64
(d) The name of the consignor; 65
(e) The consignee, if named by the consignor; 66
(f) The place and date of taking in charge of the goods by the multimodal transport opera- 67
tor;
(g) The place of delivery of the goods; 68
(h) The date or the period of delivery of the goods at the place of delivery, if expressly agreed 69
upon between the parties;
(i) A statement indicating whether the multimodal transport document is negotiable or non- 70
negotiable;
(j) The place and date of issue of the multimodal transport document; 71
(k) The signature of the multimodal transport operator or of a person having authority from 72
him;
(l) The freight for each mode of transport, if expressly agreed between the parties, or the freight 73
including its currency, to the extent payable by the consignee or other indication that freight is
payable by him;
(m) The intended journey route, modes of transport and places of transhipment, if known at the 74
time of issuance of the multimodal transport document;
(n) The statement referred to in paragraph 3 of article 28; 75
(o) Any other particulars which the parties may agree to insert in the multimodal transport doc- 76
ument, if not inconsistent with the law of the country where the multimodal transport document
is issued.
2. The absence from the multimodal transport document of one or more of the particulars 77
referred to in paragraph 1 of this article shall not affect the legal character of the document as a
multimodal transport document provided that it nevertheless meets the requirements set out in
paragraph 4 of article 1.
Article 9 - Reservations in the multimodal transport document 78
1. If the multimodal transport document contains particulars concerning the general nature, 79
leading marks, number of packages or pieces, weight or quantity of the goods which the multi-
modal transport operator or a person acting on his behalf knows, or has reasonable grounds to
suspect, do not accurately represent the goods actually taken in charge, or if he has no reason-
able means of checking such particulars, the multimodal transport operator or a person acting
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
on his behalf shall insert in the multimodal transport document a reservation specifying these
inaccuracies, grounds of suspicion or the absence of reasonable means of checking.
2. If the multimodal transport operator or a person acting on his behalf fails to note on the 80
multimodal transport document the apparent condition of the goods, he is deemed to have noted
on the multimodal transport document that the goods were in apparent good condition.
Article 10 - Evidentiary effect of the multimodal transport document 81
Except for particulars in respect of which and to the extent to which a reservation permitted 82
under article 9 has been entered:
(a) The multimodal transport document shall be prima facie evidence of the taking in charge by 83
the multimodal transport operator of the goods as described therein; and
(b) Proof to the contrary by the multimodal transport operator shall not be admissible if the 84
multimodal transport document is issued in negotiable form and has been transferred to a third
party, including a consignee, who has acted in good faith in reliance on the description of the
goods therein.
Article 11 - Liability for intentional misstatements or omissions 85
When the multimodal transport operator, with intent to defraud, gives in the multimodal trans- 86
port document false information concerning the goods or omits any information required to be
included under paragraph 1 (a) or (b) of article 8 or under article 9, he shall be liable, without the
benefit of the limitation of liability provided for in this Convention, for any loss, damage or ex-
penses incurred by a third party, including a consignee, who acted in reliance on the description
of the goods in the multimodal transport document issued.
Article 12 - Guarantee by the consignor 87
1. The consignor shall be deemed to have guaranteed to the multimodal transport operator the 88
accuracy, at the time the goods were taken in charge by the multimodal transport operator, of
particulars relating to the general nature of the goods, their marks, number, weight and quantity
and, if applicable, to the dangerous character of the goods, as furnished by him for insertion in
the multimodal transport document.
2. The consignor shall indemnify the multimodal transport operator against loss resulting from 89
inaccuracies in or inadequacies of the particulars referred to in paragraph 1 of this article. The
consignor shall remain liable even if the multimodal transport document has been transferred to
him. The right of the multimodal transport operator to such indemnity shall in no way limit his
liability under the multimodal transport contract to any person other than the consignor.
Article 13 - Other documents 90
The issue of the multimodal transport document does not preclude the issue, if necessary, of 91
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
other documents relating to transport or other services involved in international multimodal
transport, in accordance with applicable international conventions or national law. However, the
issue of such other documents shall not affect the legal character of the multimodal transport
document.
PART III - LIABILITY OF THE MULTIMODAL TRANSPORT OPERATOR 92
Article 14- Period of responsibility 93
1. The responsibility of the multimodal transport operator for the goods under this Convention 94
covers the period from the time he takes the goods in his charge to the time of their deliv-
ery.
2. For the purpose of this article, the multimodal transport operator is deemed to be in charge 95
of the goods:
(a) From the time he has taken over the goods from: 96
(i) The consignor or a person acting on his behalf; or 97
(ii) An authority or other third party to whom, pursuant to law or regulations applicable at the 98
place of taking in charge, the goods must be handed over for transport;
(b) Until the time he has delivered the goods: 99
(i) By handing over the goods to the consignee; or 100
(ii) In cases where the consignee does not receive the goods from the multimodal transport 101
operator, by placing them at the disposal of the consignee in accordance with the multimodal
transport contract or with the law or with the usage of the particular trade applicable at the place
of delivery; or
(iii) By handing over the goods to an authority or other third party to whom, pursuant to law or 102
regulations applicable at the place of delivery, the goods must be handed over.
3. In paragraphs 1 and 2 of this article, reference to the multimodal transport operator shall 103
include his servants or agents or any other person of whose services he makes use for the
performance of the multimodal transport contract, and reference to the consignor or consignee
shall include their servants or agents.
Article 15 - The liability of the multimodal transport operator for his servants, agents and 104
other persons
Subject to article 21, the multimodal transport operator shall be liable for the acts and omissions 105
of his servants or agents, when any such servant or agent is acting within the scope of his
employment, or of any other person of whose services he makes use for the performance of the
multimodal transport contract, when such person is acting in the performance of the contract,
as if such acts and omissions were his own.
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
Article 16- Basis of liability 106
1. The multimodal transport operator shall be liable for loss resulting from loss or damage to 107
the goods, as well as from delay in delivery, if the occurrence which caused the loss, damage
or delay in delivery took place while the goods were in his charge as defined in article 14,
unless the multimodal transport operator proves that he, his servants or agents or any other
person referred to in article 15 took all measures that could reasonably be required to avoid the
occurrence and its consequences.
2. Delay in delivery occurs when the goods have not been delivered within the time expressly 108
agreed upon or, in the absence of such agreement, within the time which it would be reasonable
to require of a diligent multimodal transport operator, having regard to the circumstances of the
case.
3. If the goods have not been delivered within 90 consecutive days following the date of 109
delivery determined according to paragraph 2 of this article, the claimant may treat the goods
as lost.
Article 17- Concurrent causes 110
Where fault or neglect on the part of the multimodal transport operator, his servants or agents or 111
any other person referred to in article 15 combines with another cause to produce loss, damage
or delay in delivery, the multimodal transport operator shall be liable only to the extent that the
loss, damage or delay in delivery is attributable to such fault or neglect, provided that the multi-
modal transport operator proves the part of the loss, damage or delay in delivery not attributable
thereto.
Article 18- Limitation of liability 112
1. When the multimodal transport operator is liable for loss resulting from loss of or damage 113
to the goods according to article 16, his liability shall be limited to an amount not exceeding
920 units of account per package of other shipping unit or 2.75 units of account per kilogram of
gross weight of the goods lost or damaged, whichever is the higher.
2. For the purpose of calculating which amount is the higher in accordance with paragraph 1 of 114
this article, the following rules apply:
(a) Where a container, pallet or similar article of transport is used to consolidate goods, the 115
packages or other shipping units enumerated in the multimodal transport document as packed
in such article of transport are deemed packages or shipping units. Except as aforesaid, the
goods in such article of transport are deemed one shipping unit.
(b) In cases where the article of transport itself has been lost or damaged, that article of trans- 116
port, if no owned or otherwise supplied by the multimodal transport operator, is considered one
separate shipping unit.
3. Notwithstanding the provisions of paragraphs 1 and 2 of this article, if the international 117
multimodal transport does not, according to the contract, include carriage of goods by sea or
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
by inland waterways, the liability of the multimodal transport operator shall be limited to an
amount not exceeding 8.33 units of account per kilogram of gross weight of the goods lost or
damaged.
4. The liability of the multimodal transport operator for loss resulting from delay in delivery 118
according to the provisions of article 16 shall be limited to an amount equivalent to two and a
half times the freight payable for the goods delayed, but not exceeding the total freight payable
under the multimodal transport contract.
5. The aggregate liability of the multimodal transport operator, under paragraphs 1 and 4 or 119
paragraphs 3 and 4 of this article, shall not exceed the limit of liability for total loss of the
goods as determined by paragraph 1 or 3 of this article.
6. By agreement between the multimodal transport operator and the consignor, limits of lia- 120
bility exceeding those provided for in paragraphs 1, 3 and 4 of this article may be fixed in the
multimodal transport document.
7. "Unit of account" means the unit of account mentioned in article 31. 121
Article 19- Localised damage 122
When the loss of or damage to the goods occurred during one particular of the multimodal 123
transport, in respect of which an applicable international convention or mandatory national
law provides a higher limit of liability than the limit that would follow from application of
paragraphs 1 to 3 of article 18, then the limit of the multimodal transport operator's liability for
such loss or damage shall be determined by reference to the provisions of such convention or
mandatory national law.
Article 20 - Non-contractual liability 124
1. The defences and limits of liability provided for in this Convention shall apply in any action 125
against the multimodal transport operator in respect of loss resulting from loss of or damage to
the goods, as well as from delay in delivery, whether the action be founded in contract, in tort
or otherwise.
2. If an action in respect of loss resulting from loss of or damage to the goods or from delay 126
in delivery is brought against the servant or agent of the multimodal transport operator, if such
servant or agent proves that he acted within the scope of his employment, or against any other
person of whose services he makes use for the performance of the multimodal transport contract,
if such other person proves that he acted within the performance of the contract, the servant or
agent of such other person shall be entitled to avail himself of the defences and limits of liability
which the multimodal transport operator is entitled to invoke under this Convention.
3. Except as provided in article 21, the aggregate of the amounts recoverable from the multi- 127
modal transport operator and from a servant or agent or any other person of whose services he
makes use for the performance of the multimodal transport contract shall not exceed the limits
of liability provided for in this Convention.
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
Article 21 - Loss of the right to limit liability 128
1. The multimodal transport operator is not entitled to the benefit of the limitation of liability 129
provided for in this Convention if it is proved that the loss, damage or delay in delivery resulted
from an act or omission of the multimodal transport operator done with the intent to cause such
loss, damage or delay or recklessly and with knowledge that such loss, damage or delay would
probably result.
2. Notwithstanding paragraph 2 of article 20, a servant or agent of the multimodal transport 130
operator or other person of whose services he makes use for the performance of the multimodal
transport contract is not entitled to the benefit of the limitation of liability provided for in this
Convention if it is proved that the loss, damage or delay in delivery resulted from an act or
omission of such servant, agent or other person, done with the intent to cause such loss, damage
or delay or recklessly and with knowledge that such loss, damage or delay would probably
result.
PART IV - LIABILITY OF THE CONSIGNOR 131
Article 22 - General rule 132
The consignor shall be liable for loss sustained by the multimodal transport operator if such loss 133
is caused by the fault or neglect of the consignor, or his servants or agents when such servants or
agents are acting within the scope of their employment. Any servant or agent of the consignor
shall be liable for such loss if the loss is caused by fault or neglect on his part.
Article 23 - Special rules on dangerous goods 134
1. The consignor shall mark or label in a suitable manner dangerous goods as dangerous. 135
2. Where the consignor hands over dangerous goods to the multimodal transport operator or 136
any person acting on his behalf, the consignor shall inform him of the dangerous character
of the goods and, if necessary, the precautions to be taken. If the consignor fails to do so
and the multimodal transport operator does not otherwise have knowledge of their dangerous
character:
(a) The consignor shall be liable to the multimodal transport operator for all loss resulting from 137
the shipment of such goods; and
(b) The goods may at any time be unloaded, destroyed or rendered innocuous, as the circum- 138
stances may require, without payment of compensation.
3. The provisions of paragraph 2 of this article may not be invoked by any person if during the 139
multimodal transport he has taken the goods in his charge with knowledge of their dangerous
character.
4. If, in cases where the provisions of paragraph 2 (b) of this article do not apply or may 140
not be invoked, dangerous goods become an actual danger to life or property, they may be
unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
of compensation except where there is an obligation to contribute in general average or where
the multimodal transport operator is liable in accordance with the provisions of article 16.
PART V - CLAIMS AND ACTIONS 141
Article 24 - Notice of loss, damage or delay 142
1. Unless notice of loss or damage, specifying the general nature of such loss or damage, is 143
given in writing by the consignee to the multimodal transport operator not later than the working
day after the day when the goods were handed over to the consignee, such handing over is prima
facie evidence of the delivery by the multimodal transport operator of the goods as described in
the multimodal transport document.
2. Where the loss or damage is not apparent, the provisions of paragraph 1 of this article apply 144
correspondingly if notice in writing is not given within six consecutive days after the day when
the goods were handed over to the consignee.
3. If the state of the goods at the time they were handed over to the consignee has been the 145
subject of a joint survey or inspection by the parties or their authorised representatives at the
place of delivery, notice in writing need not be given of loss or damage ascertained during such
survey or inspection.
4. In the case of any actual or apprehended loss or damage the multimodal transport operator 146
and the consignee shall give all reasonable facilities to each other for inspecting and tallying the
goods.
5. No compensation shall be payable for loss resulting from delay in delivery unless notice has 147
been given in writing to the multimodal transport operator within 60 consecutive days after the
day when the goods were delivered by handing over to the consignee or when the consignee has
been notified that the goods have been delivered in accordance with paragraph 2 (b) (ii) or (iii)
of article 14.
6. Unless notice of loss or damage, specifying the general nature of the loss or damage, is given 148
in writing by the multimodal transport operator to the consignor not later than 90 consecutive
days after the occurrence of such loss or damage or after the delivery of the goods in accordance
with paragraph 2 (b) of article 14, whichever is later, the failure to give such notice is prima facie
evidence that the multimodal transport operator has sustained no loss or damage due to the fault
or neglect of the consignor, his servants or agents.
7. If any of the notice periods provided for in paragraphs 2,5 and 6 of this article terminates on 149
a day which is not a working day at the place of delivery, such period shall be extended until
the next working day.
8. For the purpose of this article, notice given to a person acting on the multimodal transport 150
operator's behalf, including any person of whose services he makes use at the place of delivery,
or to a person acting on the consignor's behalf, shall be deemed to have been given to the
multimodal transport operator, or to the consignor, respectively.
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
Article 25 - Limitation of actions 151
1. Any action relating to international multimodal transport under this Convention shall be 152
time-barred if judicial or arbitral proceedings have not been instituted within a period of two
years. However, if notification in writing, stating the nature and main particulars of the claim,
has not been given within six months after the day when the goods were delivered or, where
the goods have not been delivered, after the day on which they should have been delivered, the
action shall be time-barred at the expiry of this period.
2. The limitation period commences on the day after the day on which the multimodal transport 153
operator has delivered the goods or part thereof or, where the goods have not been delivered, on
the day after the last day on which the goods should have been delivered.
3. The person against whom a claim is made may at any time during the running of the limi- 154
tation period extend that period by a declaration in writing to the claimant. This period may be
further extended by another declaration or declarations.
4. Provided that the provisions of another applicable international convention are not to the 155
contrary, a recourse action for indemnity by a person held liable under this Convention may
be instituted even after the expiration of the limitation period provided for in the preceding
paragraphs if instituted within the time allowed by the law of the State where proceedings are
instituted; however, the time allowed shall not be less than 90 days commencing from the day
when the person instituting such action for indemnity has settled the claim or has been served
with process in the action against himself.
Article 26 - Jurisdiction 156
1. In judicial proceedings relating to international multimodal transport under this Convention, 157
the plaintiff, at his option, may institute an action in a court which, according to the law of the
State where the court is situated, is competent and within the jurisdiction of which is situated
one of the following places:
(a) The principal place of business or, in the absence thereof, the habitual residence of the 158
defendant; or
(b) The place where the multimodal transport contract was made, provided that the defendant 159
has there a place of business, branch or agency through which the contract was made; or
(c) The place of taking the goods in charge for international multimodal transport or the place 160
of delivery; or
(d) Any other place designated for that purpose in the multimodal transport contract and evi- 161
denced in the multimodal transport document.
2. No judicial proceedings relating to international multimodal transport under this Convention 162
may be instituted in a place not specified in paragraph 1 of this article. The provisions of this
article do not constitute an obstacle to the jurisdiction of the Contracting States for provisional
or protective measures.
3. Notwithstanding the preceding provisions of this article, an agreement made by the parties 163
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
after a claim has arisen, which designates the place where the plaintiff may institute an action,
shall be effective.
4. (a) Where an action has been instituted in accordance with the provisions of this article or 164
where judgement in such an action has been delivered, no new action shall be instituted between
the same parties on the same grounds unless the judgement in the first action is not enforceable
in the country in which the new proceedings are instituted;
(b) For the purposes of this article neither the institution of measures to obtain enforcement of 165
a judgement nor the removal of an action to a different court within the same country shall be
considered as the starting of a new action
Article 27- Arbitration 166
1. Subject to the provisions of this article, parties may provide by agreement evidenced in 167
writing that any dispute that may arise relating to international multimodal transport under this
Convention shall be referred to arbitration.
2. The arbitration proceedings shall, at the option of the claimant, be instituted at one of the 168
following places:
(a) A place in a State within whose territory is situated: 169
(i) The principal place of business of the defendant or, in the absence thereof, the habitual 170
residence of the defendant; or
(ii) The place where the multimodal transport contract was made, provided that the defendant 171
has there a place of business, branch or agency through which the contract was made; or (iii)
The place of taking the goods in charge for international multimodal transport or the place of
delivery; or
(b) Any other place designated for that purpose in the arbitration clause or agreement. 172
3. The arbitrator or arbitration tribunal shall apply the provisions of this Convention. 173
4. The provisions of paragraphs 2 and 3 of this article shall be deemed to be part of every 174
arbitration clause or agreement and any term of such clause or agreement which is inconsistent
therewith shall be null and void.
5. Nothing in this article shall affect the validity of an agreement on arbitration made by the 175
parties after the claim relating to the international multimodal transport has arisen.
PART VI - SUPPLEMENTARY PROVISIONS 176
Article 28 - Contractual stipulations 177
1. Any stipulation in a multimodal transport contract or multimodal transport document shall 178
be null and void to the extent that it derogates, directly or indirectly, from the provisions of this
Convention. The nullity of such a stipulation shall not affect the validity of other provisions of
the contract or document of which it forms a part. A clause assigning benefit of insurance of
SiSU www.lexmercatoria.org 13
United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
the goods in favour of the multimodal transport operator or any similar clause shall be null and
void.
2. Notwithstanding the provisions of paragraph 1 of this article, the multimodal transport 179
operator may, with the agreement of the consignor, increase his responsibilities and obligations
under this Convention.
3. The multimodal transport document shall contain a statement that the international multi- 180
modal transport is subject to the provisions of this Convention which nullify any stipulation
derogating therefrom to the detriment of the consignor or the consignee.
4. Where the claimant in respect of the goods has incurred loss as a result of a stipulation 181
which is null and void by virtue of the present article, or as a result of the omission of the
statement referred to in paragraph 3 of this article, the multimodal transport operator must pay
compensation to the extent required in order to give the claimant compensation in accordance
with the provisions of this Convention for any loss of or damage to the goods as well as for delay
in delivery. The multimodal transport operator must, in addition, pay compensation for costs
incurred by the claimant for the purpose of exercising his right, provided that costs incurred in
the action where the foregoing provision is invoked are to be determined in accordance with the
law of the State where proceedings are instituted.
Article 29 - General average 182
1. Nothing in this Convention shall prevent the application of provisions in the multimodal 183
transport contract or national law regarding the adjustment of general average, if and to the
extent applicable.
2. With the exception of article 25, the provisions of this Convention relating to the liability 184
of the multimodal transport operator for loss of or damage to the goods shall also determine
whether the consignee may refuse contribution in general average and the liability of the multi-
modal transport operator to indemnify the consignee in respect of any such contribution made
or any salvage paid.
Article 30 - Other Conventions 185
1. This Convention does not modify the rights or duties provided for in the Brussels Interna- 186
tional Convention for the unification of certain rules relating to the limitation of the liability
of owners of sea-going vessels of 25 August 1924; in the Brussels International Convention
relating to the limitation of the liability of owners of sea-going ships of 10 October 1957; in the
London Convention on limitation of liability for maritime claims of 19 November 1976; and
in the Geneva Convention relating to the limitation of the liability of owners of inland naviga-
tion vessels (CLN) of 1 March 1973, including amendments to these Conventions, or national
law relating to the limitation of liability of owners of sea-going ships and inland navigation
vessels.
2. The provisions of articles 26 and 27 of this Convention do not prevent the application of the 187
mandatory provisions of any other international convention relating to matters dealt with in the
SiSU www.lexmercatoria.org 14
United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
said articles, provided that the dispute arises exclusively between parties having their principal
place of business in States parties to such other convention. However, this paragraph does not
affect the application of paragraph 3 of article 27 of this Convention.
3. No liability shall arise under the provisions of this Convention for damage caused by nuclear 188
incident if the operator of a nuclear installation is liable for such damage:
(a) Under either the Paris Convention of 29 July 1960 on Third Party Liability in the Field 189
of Nuclear Energy as amended by the Additional Protocol of 28 January 1964 or the Vienna
Convention of 21 May 1963 on Civil Liability for Nuclear Damage, or amendments thereto;
or
(b) By virtue of national law governing the liability for such damage, provided that such law 190
is in all respects as favourable to persons who may suffer damage as either the Paris or Vienna
Conventions.
4. Carriage of goods such as carriage of goods in accordance with the Geneva Convention of 19 191
May 1956 on the Contract for the International Carriage of Goods by Road in article 2, or the
Berne Convention of 7 February 1970 concerning the Carriage of Goods by Rail, article 2, shall
not for States Parties to Conventions governing such carriage be considered as international
multimodal transport within the meaning of article 1, paragraph 1, of this Convention, in so
far as such States are bound to apply the provisions of such Conventions to such carriage of
goods.
Article 31 - Unit of account of monetary unit and conversion 192
1. The unit of account referred to in article 18 of this Convention is the Special Drawing Right 193
as defined by the International Monetary Fund. The amounts referred to in article 18 shall be
converted into the national currency of a State according to the value of such currency on the
date of the judgement or award or the date agreed upon by the parties. The value of a national
currency, in terms of the Special Drawing Right, of a Contracting State which is a member of
the International Monetary Fund, shall be calculated in accordance with the method of valuation
applied by the International Monetary Fund, in effect on the date in question, for its operations
and transactions. The value of a national currency in terms of the Special Drawing right of a
Contracting State which is not a member of the International Monetary Fund shall be calculated
in a manner determined by that State.
2. Nevertheless, a State which is not a member of the International Monetary Fund and whose 194
law does not permit the application of the provisions of paragraph 1 of this article may, at
the time of signature, ratification, acceptance, approval or accession, or at any time thereafter,
declare that the limits of liability provided for in this Convention to be applied in its territory
shall be fixed as follows: with regard to the limits provided for in paragraph 1 of article 18, to
13,750 monetary units per package or other shipping unit or 41.25 monetary units per kilogram
of gross weight of the goods, and with regard to the limit provided for in paragraph 3 of article
18, to 124 monetary units.
3. The monetary unit referred to in paragraph 2 of this article corresponds to sixty-five and 195
a half milligrams of gold of millesimal fineness nine hundred. The conversion of the amount
SiSU www.lexmercatoria.org 15
United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
referred to in paragraph 2 of this article into national currency shall be made according to the
law of the State concerned.
4. The calculation mentioned in the last sentence of paragraph 1 of this article and the conver- 196
sion referred to in paragraph 3 of this article shall be made in such a manner as to express in the
national currency of the Contracting State as far as possible the same real value for the amounts
in article 18 as is expressed there in units of account.
5. Contracting States shall communicate to the depositary the manner of calculation pursuant 197
to the last sentence of paragraph 1 of this article, or the result of the conversion pursuant to
paragraph 3 of this article, as the case may be, at the time of signature or when depositing their
instruments of ratification, acceptance, approval or accession, or when availing themselves of
the option provided for in paragraph 2 of this article and whenever there is a change in the
manner of such calculation or in the result of such conversion.
PART VII - CUSTOMS MATTERS 198
Article 32 - Customs transit 199
1. Contracting States shall authorise the use of the procedure of customs transit for international 200
multimodal transport.
2. Subject to provisions of national law or regulations and intergovernmental agreements, the 201
customs transit of goods in international multimodal transport shall be in accordance with the
rules and principles contained in articles I to VI of the annex to this Convention.
3. When introducing laws or regulations in respect of customs transit procedures relating to 202
multimodal transport of goods, Contracting States should take into consideration articles I to VI
of the annex to this Convention.
PART VIII - FINAL CLAUSES 203
Article 33 - Depositary 204
The Secretary-General of the United Nations is hereby designated as the depositary of this 205
Convention.
Article 34 - Signature, ratification, acceptance, approval and accession 206
1. All States are entitled to become Parties to this Convention by: 207
(a) Signature not subject to ratification, acceptance or approval; or 208
(b) Signature subject to and followed by ratification, acceptance or approval; or 209
(c) Accession. 210
2. This Convention shall be open for signature as from 1 September 1980 until and including 211
31 August 1981 at the Headquarters of the United Nations in New York.
SiSU www.lexmercatoria.org 16
United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
3. After 31 August 1981, this Convention shall be open for accession by all States which are 212
not signatory States.
4. Instruments of ratification, acceptance, approval and accession are to be deposited with the 213
depositary.
5. Organisations for regional economic integration, constituted by sovereign States members 214
of UNCTAD, and which have competence to negotiate, conclude and apply international agree-
ments in specific fields covered by this Convention, shall be similarly entitled to become Parties
to this Convention in accordance with the provisions of paragraphs 1 to 4 of this article, thereby
assuming in relation to other Parties to this Convention the rights and duties under this Conven-
tion in the specific fields referred to above.
Article 35 - Reservations 215
No reservation may be made to this Convention. 216
Article 36 - Entry into force 217
1. This Convention shall enter into force 12 months after the Governments of 30 States have 218
either signed it not subject to ratification, acceptance or approval or have deposited instruments
of ratification, acceptance, approval or accession with the depositary.
2. For each State which ratifies, accepts, approves or accedes to this Convention after the 219
requirements for entry into force given in paragraph 1 of this article have been met, the Con-
vention shall enter into force 12 months after the deposit by such State of the appropriate in-
strument.
Article 37 - Date of application 220
Each Contracting State shall apply the provisions of this Convention to multimodal transport 221
contracts concluded on or after the date of entry into force of this Convention in respect of that
State.
Article 38 - Rights and obligations under existing conventions 222
If, according to articles 26 or 27, judicial or arbitral proceedings are brought in a Contracting 223
State in a case relating to international multimodal transport subject to this Convention which
takes place between two States of which only one is a Contracting State, and if both these States
are at the time of entry into force of this Convention equally bound by another international
convention, the court or arbitral tribunal may, in accordance with the obligations under such
convention, give effect to the provisions thereof.
Article 39 - Revision and amendments 224
1. At the request of not less than one third of the Contracting States, the Secretary-General of 225
SiSU www.lexmercatoria.org 17
United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
the United Nations shall, after the entry into force of this Convention, convene a conference of
the Contracting States for revising or amending it. The Secretary-General of the United Nations
shall circulate to all Contracting States the texts of any proposals for amendments at least three
months before the opening date of the conference.
2. Any decision by the revision conference, including amendments, shall be taken by a two 226
thirds majority of the States present and voting. Amendments adopted by the conference shall
be communicated by the depositary to all the contracting States for acceptance and to all the
States signatories of the Convention for information.
3. Subject to paragraph 4 below, any amendment adopted by the conference shall enter into 227
force only for those Contracting States which have accepted it, on the first day of the month
following one year after its acceptance by two thirds of the Contracting States. For any State
accepting an amendment after it has been accepted by two thirds of the Contracting States,
the amendment shall enter into force on the first day of the month following one year after its
acceptance by that State.
4. Any amendment adopted by the conference altering the amounts specified in article 18 and 228
paragraph 2 of article 31 or substituting either or both the units defined in paragraphs 1 and 3
of article 31 by other units shall enter into force on the first day of the month following one
year after its acceptance by two thirds of the Contracting States. Contracting States which have
accepted the altered amounts or the substituted units shall apply them in their relationship with
all Contracting States.
5. Acceptance of amendments shall be effected by the deposit of a formal instrument to that 229
effect with the depositary.
6. Any instrument of ratification, acceptance, approval or accession deposited after the en- 230
try into force of any amendment adopted by the conference shall be deemed to apply to the
Convention as amended.
Article 40 - Denunciation 231
1. Each Contracting State may denounce this Convention at any time after the expiration o a 232
period of two years from the date on which this Convention has entered into force by means of
a notification in writing addressed to the depositary.
2. Such denunciation shall take effect on the first day of the month following the expiration of 233
one year after the notification is received by the depositary. Where a longer period is specified
in the notification, the denunciation shall take effect upon the expiration of such longer period
after the notification is received by the depositary.
[Post Provisions]
In witness whereof the undersigned, being duly authorised thereto, have affixed their signatures 234
hereunder on the dates indicated.
Done at Geneva, this twenty-fourth day of May, one thousand nine hundred and eighty, in one 235
SiSU www.lexmercatoria.org 18
United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
original in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being
equally authentic.
ANNEX 236
Provisions on customs matters relating to international multimodal transport of goods 237
Article I 238
For the purpose of this Convention: 239
"Customs transit procedure" means the customs procedure under which goods are transported 240
under customs control from one customs office to another.
"Customs office of destination" means any customs office at which a customs transit operation 241
is terminated.
"Import/export duties and taxes" means customs duties and all other duties, taxes, fees or other 242
charges which are collected on or in connection with the import/export of goods, but not in-
cluding fees and charge which are limited in amount to the approximate cost of services ren-
dered.
"Customs transit document" means a form containing the record of data entries and information 243
required for the customs transit operation.
Article II 244
1. Subject to the provisions of the law, regulations and international conventions in force in their 245
territories, Contracting States shall grant freedom of transit to goods in international multimodal
transport.
2. Provided that the conditions laid down in the customs transit procedure used for the tran- 246
sit operation are fulfilled to the satisfaction of the customs authorities, goods in international
multimodal transport:
(a) Shall not, as a general rule, be subject to customs examination during the journey except to 247
the extent deemed necessary to ensure compliance with rules and regulations which the customs
are responsible for enforcing. Flowing from this, the customs authorities shall normally restrict
themselves to the control of customs seals and other security measures at points of entry and
exit;
(b) Without prejudice to the application of law and regulations concerning public or national 248
security, public morality or public health, shall not be subject to any customs formalities or re-
quirements additional to those of the customs transit regime used for the transit operation.
Article III 249
In order to facilitate the transit of the goods, each Contracting State shall: 250
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
(a) If it is the country of shipment, as far as practicable, take all measures to ensure the com- 251
pleteness and accuracy of the information required for the subsequent transit operations;
(b) If it is the country of destination; 252
(i) Take all necessary measures to ensure that goods in customs transit shall be cleared, as a 253
rule, at the customs office of destination of the goods;
(ii) Endeavour to carry out the clearance of goods at a place as near as is possible to the place 254
of final destination of the goods, provided that national law and regulations do not require
otherwise.
Article IV 255
1. Provided that the conditions laid down in the customs transit procedure are fulfilled to the 256
satisfaction of the customs authorities, the goods in international multimodal transport shall not
be subject to the payment of import/export duties and taxes or deposit in lieu thereof in transit
countries.
2. The provisions of the preceding paragraph shall not preclude: 257
(a) The levy of fees and charges by virtue of national regulations on grounds of public security 258
or public health;
(b) The levy of fees and charges, which are limited in amount to the approximate cost of services 259
rendered, provided they are imposed under conditions of equality.
Article V 260
1. Where a financial guarantee for the customs transit operation is required, it shall be furnished 261
to the satisfaction of the customs authorities of the transit country concerned in conformity with
its national law and regulations and international conventions.
2. With a view to facilitating customs transit, the system of customs guarantee shall be simple, 262
efficient, moderately priced and shall cover import/export duties and taxes chargeable and, in
countries where they are covered by guarantees, any penalties due.
Article VI 263
1. Without prejudice to any other documents which may be required by virtue of an interna- 264
tional convention or national law and regulations, customs authorities of transit countries shall
accept the multimodal transport document as a descriptive part of the customs transit docu-
ment.
2. With a view to facilitating customs transit, customs transit documents shall be aligned, as far 265
as possible, with the layout reproduced below.
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United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)
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