Meaning of "Defendant" under the CMR
25-Mar-2009 | Financial Institutions & Services
Lawyers Anthony Menzies
Emmerich Hatzl & Anor v. XL Insurance Co Ltd
Court of Appeal, 19 March 2009
Under article 31(1) of the Convention on the Contract for the International Carriage of Goods by Road (aka the "CMR") any legal proceedings arising out of a contract of carriage under the Convention may be brought in the courts of any contracting country by agreement between the parties or "in the courts or tribunals of a country within whose territory the defendant is ordinarily resident, or has his principal place of business".
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