Time for suit to maritime carrier liability claims in the convention on contracts for the international carriage of goods wholly or partly by sea

This research paper examines the rules governing the extinguishment of actions for the liability of the maritime carrier for goods under the Rotterdam Rules 2009.It does so by identifying the period within which an action must be brought, the types of actions covered by extinguishment, the permissibility of extending this period, and whether it may be shortened.The study further addresses shortening of the period whether initiated by the carrier or the shipper, and the permissibility for each.The paper, also, employs a descriptive-analytical methodology by extracting and analyzing the provisions that regulate the extinguishment of actions for the liability of the maritime carrier under the said Convention, with the aim of clarifying the substantive rules governing the extinguishment of liability actions.The study reaches several conclusions, including that the period for bringing an action for the liability of the maritime carrier is characterized as a period of extinguishment, with the consequence that it is not subject to suspension or interruption; that extinguishment covers all actions arising out of the contract of carriage, whether judicial or arbitral; and that the delivery from which the extinguishment period begins to run is actual delivery, namely placing the goods under the control and possession of the person entitled to them, rather than symbolic or constructive delivery.The study considers that characterizing the period as one of extinguishment does not afford substantial protection to shippers, given that the period is not subject to suspension or interruption.