Title: Resolving Rail Freight Transport Disputes along Europe-China Corridors and Asian Regional Routes

Author: Alejandro García Jiménez

Abstract: The Uniform Rules concerning the Contract for International Carriage of Goods by Rail (CIM Rules) enable the resolution of rail freight transport disputes in Europe and its neighboring regions. These rules are not universally applicable and they coexist with the Agreement on International Railway Freight Communications (SMGS), which is applied in China, Central Asia and some countries in the Far East. In the absence of an overarching convention on rail freight transport contracts, the resolution of rail freight transport disputes when neither the CIM Rules nor the SMGS are applicable (along Europe-China corridors and several regional routes that link China to non-SMGS Asian countries) may rely upon agreements formed by the rail freight transport industries. These legal instruments aim, first and foremost, at avoiding disputes and at facilitating early settlement of claims utilizing standard forms. When a CIM consignment note is concerned, the CIM Consignment Note Manual (GLV CIM), the General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC CIM) and the Agreement concerning the Relationships between Carriers in respect of International Freight Traffic (AIM) are the main instruments that may be utilized to resolve the rail freight transport disputes that may emerge. GTC CIM refers to conciliation, mediation and arbitration. Meanwhile, under a CIM-SMGS consignment note, the CIM-SMGS Consignment Note Manual (GLV CIM-SMGS), the General Terms and Conditions EurAsia (GTC EurAsia) and Annex 10 AIM contribute to the avoidance, early settlement and resolution of disputes. When it comes to third-party adjudication, GTC EurAsia refers to state courts and to ADR.

Keywords: Rail Freight Transport Disputes, Europe-China Rail Corridors, Asian Regional Rail Routes, CIM Consignment Note, SMGS Consignment Note, International Rail Transport Committee (CIT) legal instruments