business advantages of the international railway law for railway undertakings on the arabian...
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Business advantages of the international railway lawfor railway undertakings on the Arabian peninsula5th Annual Middle East Rail Opportunities, 5-6 May 2014
Cesare Brand, Secretary General, CIT
Ref. H0a2
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The CIT
200 railway undertakings and maritime companies
Association under Swiss law located in Bern
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Tasks:
1. Practical implementation of COTIF and EC law (transport law)
2. Standardisation of contractual relationships between carriers and carrier-customers in passenger and freight transport
3. Representation of members’ interests towards authorities andother associations
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New international railway traffic (freight and passenger)
Technical, operational and legal interoperability
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Why is legal interoperability important for the business?
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Country A
Transport contract
LiabiIity
Transport documents / consignment note
Tickets
Claims
Country B
Transport contract
Liability
Transport documents / consignment note
Tickets
Claims
A One legal regime B
- 10% administrative costs
Legal certainty, less legal costs
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COTIF 1999
Uniform Rulesconcerning the
Contract for International
Carriage of Passengers by
Rail
Uniform Rules
concerning the
Contract forInternational Carriage of Freight by
Rail
Regulations concerning the
International Carriage of Dangerous
Goods by Rail
Uniform Rulesconcerning the
Contracts ofUse of Vehicles
inInternational
Rail Traffic
Uniform Rulesconcerning theContract of UseOf InfrastructureIn International
Rail Traffic
Uniform Rulesconcerning theValidation of
Technical Standardsand the Adoption ofUniform Technical
Prescriptionsapplicable to
Railway Material intended to be used
in InternationalTraffic
Uniform Rulesconcerning the
Technical Admissionof Railway Material
used in InternationalTraffic
Convention concerningInternational Carriage by Rail
Protocol on the Privileges andImmunities of OTIF
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Relationships governed by international law
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CustomerCustomer
CarrierCarrier CarrierCarrier
Infrastructure managerInfrastructure manager
AuxiliaryAuxiliaryWagon keeperWagon keeper
Substitute
Carrier
Substitute
Carrier
CIM / CIV(partially PRR) CUV
CUI(partially
EU-regulation)
CUI(partially
EU-regulation)
Infrastructure managerInfrastructure manager
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COTIF: uniform rules for international contracts
For contracts of: international carriage of passengers or goods: CIV + CIM use of vehicles in international traffic: CUV use of infrastructure in international traffic: CUI
Prevail over: national law general terms and conditions individual contracts
Well adapted for a liberalised market: large contractual freedom: different types of relations possible
between railways good protection for customers: mandatory liability rules
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Hierarchy of norms
STC: Standardised bilateral contractual rules developed by RUs for their customers
GTC: Standardised multilateral contractual rules at the CIT’s members disposal
Charter: Soft law: Political declarations for improving quality
International law
STC
GTC
Passenger / Freight Charters
CIM / CIV
RUs / UIC
OTIF
CER
CIT
12.05.148
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CIT products
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Legal relationship railway – customer
General Terms and Conditions Customer Agreement Checklist Claims Handling Consignment Note Manual
Legal relationship railway – railway
General Terms and Conditions for cooperation Boilerplate contracts, sub-contracts, hire etc CIT freight and wagon manual Ticketing Manual Agreements concerning handling of claims
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Implementation of contractual relationship throughout CIT products
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CIT’s principles
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Conclusion
Proven legal system for international passenger and freight traffic Working in practice since many years Modern and business oriented Fair and balanced for all business partners Freedom for the railway industry and business partners to develop
standards
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Thank you for your attention!
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For further information, visit www.cit-rail.org
Cesare Brand
Secretary General CIT
Tel: +41 31 350 01 90
Email: [email protected]