‘Said to Contain Clause’ of and ‘Ad valorem’ transport document: the law and the practice in the Maritime sector of Ethiopia

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Date

2022-05

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Addis Ababa University

Abstract

Though Ethiopia is a land locked country the maritime sector of Ethiopia is the major route for importation of goods to Ethiopia. Thus, transportation of goods by sea and multimodal transport play important role in the international trade whereby the Ethiopian Government as well as Individuals is involved. The Ethiopian Shipping and Logistics Enterprise / ESLSE/ is the major operator in the maritime sector of Ethiopia. The transport documents issued by ESLSE mostly contains the reservation clause i.e. Said to Contain when it is impossible to check the accuracy of the information about the description of the goods delivered to be transported. Most of the transport documents issued by ESLSE also contain information of sale contract like commercial invoice, letter of credit and proforma invoice. Controversies about the effect of STC and insertion of commercial information in the transport documents arise and become causes for court litigation. Different and contradictory judgments are passed by the courts. This research deals with the effect of STC on scope of liability of transport operator andthe effect of the insertion of commercial information on package limitation.

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