Special provisions for multimodal transport from and to China

Modern international supply chains to and from China often combine several modes of transport, also under transport document (multimodal transport). In this case, the question often arises which liability regime can be applied in the event of damage, loss or delay.

The United Nations Convention on International Multimodal Transport of Goods of 1980 was drafted to provide rules for this determination. Although the convention never entered into force due to a lack of signatories, its provisions became the basis for national transportations laws, including those of China, as well as for multimodal transport contracts.
 

• for general transport contracts - in Articles 317-321 of the Contract Law of the People’s Republic of China,
• for sea transport - in Articles 102-106 of the Maritime Code of the People's Republic of China and
• for aviation - in Art. 38 and 18 IV S1, 2 of the Montreal Convention.
   

Article 321 of the Contract Law provides that if the section of the multimodal transport where the damage or loss occurred can be determined, the law regulating the transport mode of this particular section applies.
 

For example, if the damage occurred in the course of the sea transport, the liability rules of the relevant maritime trade act shall be applied. If, on the other hand, the goods have been damaged in the course of the air transport, liability is regulated according to the relevant air transport act.
 

If the transport section on which the damage or loss occurred cannot be determined, the liability provisions of the Chinese Contract Law shall be applied.
 

It can therefore be useful to carry out appropriate checks with regard to damage or losses at the respective handling stations or nodes where goods are loaded on other modes of transport.
 

For more information, please see our article about the applicable transport liability regimes for shipping goods from and to China.
 

Further special regulations also apply in air transport, maritime transport and in the case of rail transport.
 

updated 6 July 2017