Advance Relief Under the Cape Town Convention

1 Cape Town Convention Journal 79 (2012)

16 Pages Posted: 10 Sep 2012

See all articles by Gilles Cuniberti

Gilles Cuniberti

University of Luxembourg; Universite du Luxembourg - Faculty of Law, Economics and Finance

Date Written: September 10, 2012

Abstract

This article analyses the nature of the relief pending final determination that is provided for by Article 13 of the Cape Town Convention. It contends that the language and legislative history of Article 13 do not allow a final conclusion on the nature of Article 13 relief to be reached. Article 13 can be characterised as a hybrid between a final remedies provision and one that addresses interim relief. It does not fit with any of the remedies commonly found in national legal systems. It is argued that the lack of clarity of the purpose of the provision not only makes it difficult to give any guidance to future Convention interpreters, but also reduces its usefulness, as transactional lawyers and their clients will want to know what they are actually establishing through an Article 13 clause. The article therefore proposes two models for Article 13: interim relief and an advance enforcement remedy. The rationale for each is a particular goal that parties might want to pursue when availing themselves of the possibility of stipulating for Article 13 remedies in their contract.

Keywords: Cape Town Convention, Mobile Equipment, Provisional Measures, Interim Relief, Remedies, Jurisdiction

JEL Classification: K12, K33, K41

Suggested Citation

Cuniberti, Gilles, Advance Relief Under the Cape Town Convention (September 10, 2012). 1 Cape Town Convention Journal 79 (2012). Available at SSRN: https://ssrn.com/abstract=2144180

Gilles Cuniberti (Contact Author)

University of Luxembourg ( email )

Faculté de Droit
4, rue Alphonse Weicker
Luxembourg, 2721
Luxembourg

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

4 rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

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