Handing over of goods prima facie evidence of delivery
25. —(1) Unless written notice of loss of or damage to any goods that are the subject of a multimodal transport contract, specifying the general nature of such loss or damage, is given by the consignee of the goods to the multimodal transport operator of the contract when the goods were handed over to the consignee, such handing‑over is prima facie evidence of the delivery by the multimodal transport operator of the goods as described in the multimodal transport document relating to the contract. (2) Where the loss of or damage to the goods is not apparent, subsection (1) applies if the notice in that subsection is not given within 6 consecutive days after the day when the goods were handed over to the consignee of the goods.
—(1) Unless written notice of loss of or damage to any goods that are the subject of a multimodal transport contract, specifying the general nature of such loss or damage, is given by the consignee of the goods to the multimodal transport operator of the contract when the goods were handed over to the consignee, such handing‑over is prima facie evidence of the delivery by the multimodal transport operator of the goods as described in the multimodal transport document relating to the contract.
(2) Where the loss of or damage to the goods is not apparent, subsection (1) applies if the notice in that subsection is not given within 6 consecutive days after the day when the goods were handed over to the consignee of the goods.
Time bar
26. Unless otherwise expressly agreed by the parties to a multimodal transport contract, no action in a court or arbitral proceedings relating to the international multimodal transport of any goods that are the subject of the contract may be brought unless the action or proceedings is or are instituted — ( a ) within a period of 9 months after the delivery of the goods that are the subject of the contract; or ( b ) if the goods have not been delivered, within a period of 9 months — (i) after the date on which the goods should have been delivered; or (ii) after the date on which, in accordance with section 15(6), failure to deliver the goods would give the consignee of the goods the right to treat the goods as lost.
Dispute may be referred to arbitration
27. —(1) Any dispute relating to the international multimodal transport of any goods is capable of settlement by arbitration in Singapore between parties to the multimodal transport contract relating to the goods but only if — ( a ) the principal place of business of the respondent or, in the absence of such a place, the habitual residence of the respondent is in Singapore; ( b ) the place where the multimodal transport contract was made is in Singapore, but only if the respondent has in Singapore a place of business, branch or an agency through which the contract was made; ( c ) the place the multimodal transport operator takes in charge the goods, or the place of delivery of the goods, is in Singapore; or ( d ) Singapore is the designated place for arbitration in the arbitration clause of the contract or in an arbitration agreement between the parties. (2) The arbitrator, or arbitration tribunal, in Singapore is to apply the provisions of this Act for any arbitration instituted in Singapore pursuant to subsection (1).
—(1) Any dispute relating to the international multimodal transport of any goods is capable of settlement by arbitration in Singapore between parties to the multimodal transport contract relating to the goods but only if — ( a ) the principal place of business of the respondent or, in the absence of such a place, the habitual residence of the respondent is in Singapore; ( b ) the place where the multimodal transport contract was made is in Singapore, but only if the respondent has in Singapore a place of business, branch or an agency through which the contract was made; ( c ) the place the multimodal transport operator takes in charge the goods, or the place of delivery of the goods, is in Singapore; or ( d ) Singapore is the designated place for arbitration in the arbitration clause of the contract or in an arbitration agreement between the parties.
(2) The arbitrator, or arbitration tribunal, in Singapore is to apply the provisions of this Act for any arbitration instituted in Singapore pursuant to subsection (1).
Multimodal transport document void if it departs from provisions of Act
28. —(1) Any stipulation in a multimodal transport document relating to any goods is void and of no effect to the extent — ( a ) it is inconsistent with the provisions of this Act; and ( b ) it is prejudicial to the consignor or consignee of the goods. (2) To avoid doubt, subsection (1) does not affect any other stipulations contained in the multimodal transport document. (3) Subsection (1) does not prevent the parties to a multimodal transport contract from agreeing that the multimodal transport operator of the contract should bear a greater liability than that imposed on the multimodal transport operator under this Act.
—(1) Any stipulation in a multimodal transport document relating to any goods is void and of no effect to the extent — ( a ) it is inconsistent with the provisions of this Act; and ( b ) it is prejudicial to the consignor or consignee of the goods.
(2) To avoid doubt, subsection (1) does not affect any other stipulations contained in the multimodal transport document.
(3) Subsection (1) does not prevent the parties to a multimodal transport contract from agreeing that the multimodal transport operator of the contract should bear a greater liability than that imposed on the multimodal transport operator under this Act.
Rules of general average
29. Nothing in this Act prevents the application of any rules pertaining to general average adjustment — ( a ) contained in a multimodal transport contract; or ( b ) under any law, to the extent they are applicable.
Act does not affect certain written laws
30. —(1) This Act does not affect any rights or obligations of a multimodal transport operator, carrier, consignor or consignee provided under — ( a ) any written law implementing any treaty, convention or other international agreement or arrangement to which Singapore is a party; or ( b ) any other written law, for the protection of human health, public safety and the environment. (2) This Act also does not affect any written law that implements any treaty, convention or other international agreement or arrangement that is applicable to a multimodal transport contract or any part of a multimodal transport contract.
—(1) This Act does not affect any rights or obligations of a multimodal transport operator, carrier, consignor or consignee provided under — ( a ) any written law implementing any treaty, convention or other international agreement or arrangement to which Singapore is a party; or ( b ) any other written law, for the protection of human health, public safety and the environment.
(2) This Act also does not affect any written law that implements any treaty, convention or other international agreement or arrangement that is applicable to a multimodal transport contract or any part of a multimodal transport contract.
Regulations
31. The Minister may make regulations necessary or convenient for carrying out or giving effect to this Act, and for prescribing anything which under this Act is to be or may be prescribed.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
