MediMARE Game - Damaged Cargo
MediMARE GAMES are a series of games related to the project's main issues in order to promote the knowledge and reflection about maritime disputes and mediation.
Damaged Cargo
In this game,the player will be able to think about a cargo damaged situation.
When damage is caused to the cargo that was in a container, it is important to define legal liability for loss or damage to goods between all transport members in a Combined Transport or Through Transport Operation. Sometimes it is hard to define when the damage happened since the container is closed during the transportation.
The mediator exists to support the mediation process in an impartial way. So the parties do need to replace him/her in case their performance is not adequate.
According to UNCITRAL Mediation Rules 2021, article 3, number 8 “In the event the mediator cannot perform her or his functions, the parties shall appoint a substitute mediator pursuant to the procedure mentioned in paragraphs 2, 3, 4, and 5. Paragraph 6 and 7 shall apply to the newly appointed mediator”. And, in case the mediator uses confidential information for personal benefit, article 3 of the UNCITRAL Mediation Rules 2021 applies, “Save for intentional wrongdoing, the parties wave, to the fullest extent permitted under the applicable law, any claim against the mediator based on any act or omission in connection with the mediator”. If information is used for personal gain, that would constitute wrongdoing, and the mediator will be liable.
We recommend the parties to restart the mediation procedure with an impartial mediator.
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For more information about the MediMare Project, please visit our website at medimare.eu