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What role can a freight forwarder play under a CIM contract?
The CIM Uniform Rules (Appendix B to the Convention concerning International Carriage by Rail (COTIF)) define the rights and obligations of the parties under the contract for the cross-border carriage of freight between consignor, carrier and consignee. The CIM contract of carriage is constituted by the parties – consignor on the one hand and contractual carrier on the other – agreeing on the key elements of the contract (Art. 6 CIM). These elements are set out in the consignment note as provided for by Article 7 CIM, which divides them into mandatory (§ 1), conditional (§ 2) and optional (§ 3) indications serving as proof of the existence and confirmation of the contract of carriage – Article 6 § 2 in connection with Article 6 § 8 CIM. In using the terms “consignment note” and “duplicate”, the CIM UR has maintained the standard terminology used in international trade. If the CIM consignment note as compiled by the consignor (or on the latter’s behalf by the contractual carrier) is to contain specific instructions, which may be the case concerning the right of disposal over the goods and the conditions for the enforcement of rights in particular, the CIM UR define the “consignment note” as the original and the “duplicate” as the “second original” which the carrier provides to the consignor upon acceptance of the goods.
The question is now what role a freight forwarder can play under the CIM contract for the cross-border carriage of freight as described above?
Since COTIF 1999, the CIM contract of carriage has been one entered into by consent, and contractual freedom between the parties plays decisive role in law. In this light, a freight forwarder acting on behalf of and accountable to the consignor can play various roles in law. Depending on the contract design, they may:
- either be entered as consignor in box 1 or consignee in box 4 of the CIM consignment note (GLM-CIM Appendices 2 and 4a), or
- as freight payer acting in the consignor or consignee’s stead in box 20 of the CIM consignment note.
Furthermore, a freight forwarder may also appear as a contractual carrier in box 58a of the CIM consignment note, or as an auxiliary to the contractual carrier or successive carrier(s) in box 57 of the CIM consignment note. These various contractual configurations are to be understood as the result of the contractual freedom which is allowed under the CIM UR and the CIT Freight products, and which is a core aspect of the international carriage of goods by rail.
2024-11-05, EE