This paper discusses the past and current initiatives to achieve a multimodal liability regime, as the current unimodal regime causes legal uncertainty and costs. Two alternative models are discussed in full detail, and clear recommendations are provided. First, the harmonisation of existing unimodal liability regimes in the future is proposed. This method of achieving harmonization would modify the existing regimes in this area. However, the resulting changes of monetary liability limits and the possible exceptions concerning liability could reap a lot of opposition. The second proposal involves a modified regime based on UNCTAD/ICC Rules. This solution includes the promotion of contractual standardised rules like the UNCTAD/ICC or their derivatives.
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Author: Gert-Jan Muilerman; Copyright: Erasmus University Rotterdam, Faculty of Law; Published by: Gert-Jan Muilerman (Muilerman) factID: 229119.1; published on 27 Jan. 2006 15:06
