Examples of using The draft instrument in English and their translations into Arabic
{-}
-
Political
-
Colloquial
-
Ecclesiastic
-
Ecclesiastic
-
Computer
He also commended the progress made in the areas of transport law and security interests, in particular the efforts of Working Group III to move towards the completion and adoption by 2007 of the draft instrument on the carriage of goods[wholly or partly][by sea].
However, it was pointed out that draft article 8 of the draft instrument was not a conflict of conventions provision, but rather reflected a policy decision to allow certain provisions of other international instruments to apply to land carriage under the draft instrument.
Further, it was noted that the draft instrument did not contain an article in keeping with article 25.2 of the Hamburg Rules with respect to other conventions on jurisdiction and arbitration, since the draft instrument did not yet contain chapters on these matters.
which were expected to be solved before finalization of the draft instrument.
it was widely felt that the apportionment of liability was an important issue that should be dealt with in the draft instrument.
Mr. Lebedev(Russian Federation) said that, since the draft instrument was intended to regulate questions of obligation and liability in international trade, draft article 18 went to the heart of the matter.
The Draft Instrument, currently under consideration within UNCITRAL, aims at further removing legal barriers by allowing the use of both" electronic records" and" paper transport documents" and giving them equal legal status.
Clearly, the draft instrument is intended to provide a modern successor to existing international liability regimes in the field of carriage of goods by sea(i.e. the Hague, Hague-Visby and Hamburg Rules).
This would mean that when cargo is carried under a service contract, the draft instrument liability regime would apply by default, but all or only some of its provisions could be contracted out of or be contractually modified.
It was suggested that, in the interests of uniformity, the draft instrument should adopt a definition of" electronic signature" based on other UNCITRAL instruments such as the Model Law on Electronic Signatures(2001) and the Model Law on Electronic Commerce(1996).
Another suggestion was that the draft instrument should deal with the situation where the carrier accepted not to qualify the description of the goods,
It was suggested in that context that the draft instrument might create a difficult situation for the carrier if the right of control could be transferred
As to the consequences of the failure to perform, it was suggested that the draft instrument should be more specific, for example, by establishing the type of liability incurred by the carrier and the consequences of non-performance on the subsequent execution of the contract.
Other substantive issues, such as freedom of contract in volume contracts, required further examination before the draft instrument was finalized, however,
Once the draft instrument has been produced, it is submitted to the plenary session, which at this late stage makes marginal
of general principles and rules with respect to extraterritorial jurisdiction, the draft instrument would be without prejudice to existing legal regimes.
since the proposed redraft of article 88(1) set out mandatory provisions with respect to the carrier and the maritime performing party, in order to be consistent, the draft instrument should also provide mandatory provisions regarding cargo interests.
should offset other changes that might be effected by the draft instrument as a whole in the allocation of risk amongst the parties.