Business advantages of the
international railway law
for railway undertakings on
the Arabian peninsula
5th Annual Middle E...
The CIT
 200 railway undertakings
and maritime companies
 Association under Swiss
law located in Bern
2
Tasks:
1. Practi...
New international railway traffic (freight and
passenger)
Technical, operational and legal interoperability
3
Why is legal interoperability important for the
business?
4
Country A
Transport contract
 LiabiIity
Transport documents...
5
COTIF 1999
Uniform Rules
concerning the
Contract
for International
Carriage of
Passengers by
Rail
Uniform
Rules
concerni...
Relationships governed by international law
6
CustomerCustomer
CarrierCarrier CarrierCarrier
Infrastructure managerInfrast...
COTIF: uniform rules for international contracts
For contracts of:
 international carriage of passengers or goods: CIV + ...
Hierarchy of norms
STC: Standardised
bilateral contractual
rules developed by
RUs for their customers
GTC: Standardised
mu...
CIT products
9
Legal relationship railway – customer
 General Terms and Conditions
 Customer Agreement Checklist
 Claim...
Implementation of contractual relationship
throughout CIT products
10
CIT’s principles
11
Conclusion
 Proven legal system for international passenger and freight traffic
 Working in practice since many years
 ...
Thank you for your attention!
13
For further information,
visit www.cit-rail.org

Cesare Brand
Secretary General CIT
Tel:...
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Business advantages of the international railway law for railway undertakings on the Arabian peninsula

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Business advantages of the international railway law for railway undertakings on the Arabian peninsula

  1. 1. Business advantages of the international railway law for railway undertakings on the Arabian peninsula 5th Annual Middle East Rail Opportunities, 5-6 May 2014 Cesare Brand, Secretary General, CIT Ref. H0a2
  2. 2. The CIT  200 railway undertakings and maritime companies  Association under Swiss law located in Bern 2 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 and other associations
  3. 3. New international railway traffic (freight and passenger) Technical, operational and legal interoperability 3
  4. 4. Why is legal interoperability important for the business? 4 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
  5. 5. 5 COTIF 1999 Uniform Rules concerning the Contract for International Carriage of Passengers by Rail Uniform Rules concerning the Contract for International Carriage of Freight by Rail Regulations concerning the International Carriage of Dangerous Goods by Rail Uniform Rules concerning the Contracts of Use of Vehicles in International Rail Traffic Uniform Rules concerning the Contract of Use Of Infrastructure In International Rail Traffic Uniform Rules concerning the Validation of Technical Standards and the Adoption of Uniform Technical Prescriptions applicable to Railway Material intended to be used in International Traffic Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic Convention concerning International Carriage by Rail Protocol on the Privileges and Immunities of OTIF
  6. 6. Relationships governed by international law 6 CustomerCustomer CarrierCarrier CarrierCarrier Infrastructure managerInfrastructure manager AuxiliaryAuxiliary Wagon keeper Wagon keeper Substitute Carrier Substitute Carrier CIM / CIV (partially PRR) CUV CUI (partially EU-regulation) CUI (partially EU-regulation) Infrastructure managerInfrastructure manager
  7. 7. 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 7
  8. 8. 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 12.05.14 8
  9. 9. CIT products 9 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
  10. 10. Implementation of contractual relationship throughout CIT products 10
  11. 11. CIT’s principles 11
  12. 12. 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 12
  13. 13. Thank you for your attention! 13 For further information, visit www.cit-rail.org  Cesare Brand Secretary General CIT Tel: +41 31 350 01 90 Email: cesare.brand@cit-rail.org 

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