SCC Case 60/2000 - Chapter 1 - SCC Arbitral Awards: 2004-2009

Author(s):

Lars Gorton

Johan Schelin

Page Count:

24 pages

Media Description:

PDF from "SCC Arbitral Awards: 2004-2009"

Published:

January, 2011

Jurisdictions:

Sweden,

International

Practice Areas:

Insurance,

Arbitral Adjudication,

Arbitral Awards,

Interpretation of the Award,

Enforcement of Arbitral Awards,

Practice & Procedure,

Evidence

Author Detail:

Lars Gorton, Adjunct Professor, Department of law, Stockholm School of Economics.

Johan Schelin, Assistant Professor, LL.D., Institute of Maritime and Transport Law, University of Stockholm.

PDF184.47 KB

$40.00

Description:

Originally from SCC Arbitral Awards 2004-2009

Preview Page

I. ARBITRAL AWARD

RENDERED ON 7 JUNE 2001 IN SCC CASE 60/2000

Subject-Matters:

(1) Carrier’s vicarious liability under the International Convention on Carriage of Goods by Road (CMR) of 1956; burden of proof.

(2) Carrier’s wilful misconduct under the CMR, standard of evidence. Articles 29.1 and 29.2 CMR.

Findings:

(1) Theft of goods during transport was not carried out by anyone for whom the carrier was liable pursuant to the CMR, Article 29.2.

(2) The carrier was not guilty of gross negligence despite his inability to identify the driver of the trailer in which the computer material had been stored and left unattended for about four hours.

Table of Contents:

SUBJECT-MATTERS:
(1) Carrier's vicarious liability under the International Convention on Carriage of Goods by Road (CMR) of 1956; burden of proof.
(2) Carrier's wilful misconduct under the CMR, standard of evidence. Articles 29.1 and 29.2 CMR.
Observations by Lars Gorton
Observations by Johan Schelin