(Kindly explain Article 15 of the 1999 Montreal Convention)
Q.
I would like to hear an explanation of Article 15 of the 1999 Montreal Convention. In a live scenario, I wonder whether such a case described in Article 15 could happen?

Provided a clear entry is made on the AWB or Cargo Receipt, can it really change the relationships among the shipper, consignee and third parties whose rights are derived from the shipper or consignee from what they were per Articles 12, 13 and 14. We had never encountered such a case, and we fail to clearly understand this article. Kindly help us how to interpret particularly Paragraph 2 of Article 15.  (31 Mar 19)
A.
Article 12 of the 1999 Montreal Convention refers to the “Right of Disposition of Cargo”, Article 13 refers to “Delivery of the Cargo”, and Article 14 refers to “Enforcement of the Rights of Consignor and Consignee” where it allows both the shipper and the consignee to exercise the rights under Articles 12 and 13. As for Article 15 “Relations of Consignor and Consignee or Mutual Relations of Third Paries” in Paragrap 1, it explains that Articles 12, 13 and 14 do not affect either the relations of the consignor and consignee with each other or the mutual relations of the third parties whose rights are derived either from the consignor or from the consignee. Paragraph 2 in question reads: “The provisios of Article 12, 13 and 14 can only be varied by express provision in the air watbill or cargo receipt.”

This means for example that when the shipper had designated Company “A” as the consignee of the cargo per Article 12, and if the third party whose rights have been given by the shipper designate Company “B” to receive the cargo, it requires, as spelled out in Article 15, a clear notation as such on the air waybill or the cargo receipt. Although this may not happen often in live scenario, there could be such a case.

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