Freight Forwarding
Twenty years ago CIFFA started the process that led to the Standard Trading Conditions with which you are all familiar. These Conditions served the industry well, but the Directors decided that after such an interval it was time for a review. This decision was prompted by their recognition of changes in the business environment in which forwarders operate, particularly in the use of electronic communications, and changes in the international and domestic laws applicable to the industry.
In addition, some judges have recently made comments about conditions drafted in lengthy legalese and about how forwarders may be subject to a duty of good faith in their relationship with their customers.
Nearly three years ago, a Committee of the Board of Directors started meeting with our legal counsel, Peter Jones, hammering out drafts of new clauses. Then the whole Board engaged in a lengthy review amongst themselves and, in some cases, with counsel. After many revisions, the Board considers that the revised Standard Trading Conditions should be submitted to the CIFFA membership for their comments. This process has already started, and CIFFA has received helpful responses.
In the Fall of 2004, the CIFFA will hold information meetings for the benefit of members in the three CIFFA divisions, so that everyone will have the benefit of explanations from the Board and legal counsel why the conditions appear in their present form. Members of pmlaw will participate in these information meetings.
Once this process has been completed, pmlaw will conduct a further review of the revised Conditions to take the concerns of members into account. After that, the CIFFA will hold a Special General Meeting for the approval of the new Conditions. The CIFFA welcomes comments from you or your legal counsel.
Practice Group
Please see our Library for articles from pmlaw’s Freight Forwarding law group.