The Carrier’s Obligation of Delivery in Maritime Transport Contracts: A Comparative Legal Analysis under International Conventions and Sudanese and Saudi Maritime Laws

Abstract

This study examines the carrier’s obligation to deliver goods in maritime transport contracts, as it constitutes the most crucial contractual duty and the basis for the contract’s termination. Delivery serves as the pivotal point for determining the carrier’s liability and exoneration. The research analyzes this issue in light of international conventions (Brussels 1924, Hamburg 1978, Rotterdam 2008) and national legislation (Sudanese Maritime Transport Act 2010, Saudi Commercial Maritime Law 1440 AH), supported by relevant judicial rulings. The study reveals discrepancies in the definition of maritime transport contracts between international conventions and national laws, as well as differences in the nature of the carrier’s obligation—whether it constitutes an obligation of diligence or an obligation to achieve a result. Rotterdam Rules expand the scope of liability to include multimodal transport and introduce electronic records as an alternative to traditional bills of lading, whereas national laws remain limited to conventional maritime transport, with insufficient provisions for multimodal transport. Sudanese and Saudi courts have faced recurrent disputes regarding the validity and proof of delivery, highlighting the need for clearer legal provisions. The research concludes with recommendations to unify the definition of maritime transport contracts in accordance with modern conventions, incorporate explicit provisions for multimodal transport into national legislation, adopt modern proof-of-delivery methods such as electronic records, expand carrier liability to cover the entire possession period from receipt to delivery, and enhance the integration between theoretical texts and judicial practice through interpretive regulations and practical guidelines. It also encourages countries to accede to or adopt the Rotterdam Rules to ensure greater alignment with international legal frameworks.