Claiming Damages in Multimodal Transport: A Need for Harmonization

The law of carriage of goods has evolved historically and functionally through several separate systems, each for its own mode of transport. Since the development of multimodal transport and in particularly since the container boom, such separation and the resulting legal piece meal situation are no longer appropriate where goods are carried by a combination of modes. From a European perspective and drawing mostly on English case-law, this article highlights the complexities involved in a multimodal transaction and illustrates this through the example of making a claim, with the focus on procedural type steps of making a claim for damages, leaving the myriad of problems of liability and identity of the carrier aside. Whilst the Rotterdam Rules cover multimodal sea transport, they do not provide the straightforward solution necessary to simplify this landscape.