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(xx) Non liner transportation means any transportation that is not liner transportation.

Definition of liner and non liner transportation (proposed draft article 1, paragraph xx)

( ) Non liner service means any maritime transportation service that is not a liner service.

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Once atop the pile, one of the boys lowered his shorts, squatted, and defecated.

Arbitration agreement in non liner transportation

( ) Liner service means a maritime transportation service that

Scope of application draft article 3 (1) (a) and (b) refer to liner services as well as to non liner services because certain forms of charter parties (such as slot charters and space charters) and volume contracts are regularly used in liner services.

This practice almost exclusively exists in the non liner sector.

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This is a ship, a liner, clipping through the Indian Ocean.

(c) subject to paragraph 2, other contracts in non liner services.

Another drafting suggestion was to delete the definition of non liner transportation completely.

In addition, definitions of liner service and non liner service were proposed for inclusion in the definition section at article 1 of the draft instrument in order to clarify scope of application draft article 3, below.

(c) Except as provided in paragraph 2, other contracts in non liner transportation and

33 and 34). Further, a definition of volume contract was added as proposed paragraph (x), and the definition of liner service was deleted as unnecessary in light of later proposed provisions that referred only to non liner transportation .

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In addition, questions were raised regarding how an individual shipment would be classified if it were made pursuant to a contract of carriage in which the carrier agreed to use a liner service, but instead used a non liner service.

I managed to stick in both the zeppelin and an ocean liner out of sheer enthusiasm.

(a) subject to Article 5, charter parties, whether used in connection with liner services or not and

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2. This Instrument applies to contracts of carriage in non liner services under which the carrier issues a transport document or an electronic record that

It was observed that the effect of draft subparagraph 83 (b)(ii) would be a further expansion of freedom of arbitration in the liner industry.

Commentary on scope of application draft article 1 (a) definition of contract of carriage , including the proposed definitions of liner service and non liner service Scope of application draft article 1 (a) was intended to clarify the definition of contract of carriage in draft article 1 (a) of the draft instrument as contained in para. 6 of A CN.9 WG.III WP.36.

In particular, common carriage transactions in non liner trades in which a bill of lading is issued should continue to be governed by the draft instrument.

Finally, it was explained that the intention of the compromise was to preserve the status quo with respect to the use of arbitration in the maritime transport industry by providing minimal arbitration rules with respect to the liner industry, but providing for freedom of arbitration in the non liner industry through the addition of draft article 81 bis ((see A CN.9 WG.III WP.54, para. 5 (e)).

The Working Group was reminded that the goal of the draft provisions was to reflect the needs of practitioners with respect to the use of arbitration in the maritime transport industry by providing limited freedom of arbitration with respect to the liner industry, where arbitration was not frequent, while allowing broad freedom of arbitration in the non liner industry, where arbitration was, on the contrary, the standard method of dispute resolution.

In this context, the treatment in the draft instrument of so called service contracts or Ocean Liner Service Agreements (as described in UNCITRAL A CN.9 WG.III WP.34, paras.

It was further observed that, while in principle under this approach arbitration clauses contained in bills of lading would be unenforceable, specific exemptions should be foreseen for special liner trades.

19 22) may be of particular and considerable significance. It has been reported that in some trades, 80 90 per cent of liner carriage is conducted under this type of contract and that with the increasing trend towards concentration in the liner shipping industry and the emergence of alliances in the global freight forwarding industry, the use of this type of contract is likely to become more prevalent at the global level.

Proposed redraft article 3 (2) set out a slightly rephrased version of the previous version of draft article 3 (2) with respect to the inclusion of certain contracts in non liner transportation.

It was observed that the proposed redraft of article 3 (1) was intended mainly to exclude contracts of carriage in non liner transportation from the scope of application of the draft instrument.

However, it was also observed that the order of the sentences in the proposed draft article 1 (xx) better reflected the use of the notion of non liner transportation in the draft instrument.

Nothing in this Convention affects the enforceability of an arbitration agreement in a contract of carriage in non liner transportation to which this Convention or the terms of this Convention apply by reason of

Pursuant to article 10 (previously 2(4)), the application of this Convention may be extended to non liner carriage as well, which is the reason for which the draft pays attention to this matter.

The Working Group considered draft article 14 on the basis of liability, and freedom of contract (draft articles 1, 2, 88 and 89), including scope of application, third parties and Ocean Liner Service Agreements (OLSAs).

(b) subject to Article 4, volume contracts, contracts of affreightment, and similar contracts providing for the future carriage of goods in a series of shipments, whether used in connection with liner services or not and

Other concerns were raised that particularly careful drafting would be necessary to avoid the increased breadth of the concept of volume contracts resulting in the inadvertent inclusion in the draft instrument of some contracts of carriage in the non liner trade.

In the French West African Shipowners' Committees case, for instance, the European Commission brought a case against cartels or exclusionary abuses by liner conferences or shipowners' committees with dominant positions in the maritime traffic between Europe and 11 West and Central African States.

These new provisions do not address the issue of Ocean Liner Service Agreements (OLSAs) (see A CN.9 WG.III WP.34 and A CN.9 WG.III WP.42), and will need to be reconsidered in light of the Working Group's decision in that regard.

For the purpose of this paragraph, liner transportation means a transportation service that (i) is offered to the public through publication or similar means and (ii) includes transportation by vessels operating on a regular schedule between specified ports in accordance with publicly available timetables of sailing dates.

A suggestion was also made that the bracketed text a jurisdiction or should be deleted in its entirety from draft article 81 bis, since jurisdiction clauses were not common in the non liner industry, and the intention of the proposal was to preserve the status quo.

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Current practice suggests that service contracts, which account for more than 80 per cent of liner carriage in some trades, may be used not only as between large shippers and carriers, but also for the carriage of very small quantities, such as 10 20 TEUs or even 1 TEU.