Multimodal transport pursuant to a through bill of lading can
present a complicated set of relationships when goods are lost or
damaged. Using some terminology of the Rotterdam Rules,' tiiese
issues, among others, are currently resolved as follows:
• Shipper's rights against the ocean "carrier" are determined under
the Carriage of Goods by Sea Act (COGSA)^ or as provided in a
service contract' or a voyage charterparty between shipper or
consignee and carrier.
• Shipper's rights against a maritime performing party such as a
stevedore, terminal operator, etc., are determined under the law of
torts" if there is no contract.' However, bills of lading usually
contain a Himalaya clause which extends to maritime performing
parties the same defenses and limits of liability that may be invoked
by the carrier under COGSA and its bill of lading.'