Legal Studies in Digital Age In Press 2026 12 01 The Effect of Intentional or Gross Fault on the Contractual Limitation of the Multimodal Transport Operator’s Liability under International Multimodal Transport Documents and Iranian Law The Effect of Intentional or Gross Fault on the Contractual Limitation of the Multimodal Transport Operator’s Liability under International Multimodal Transport Documents and Iranian Law 1 14 EN Journal Article 2025 10 14 <p>Under multimodal transport documents, the transport operator bears integrated liability for the occurrence of any loss, and liability is presumed against the operator. Nevertheless, by concluding a liability limitation agreement with the cargo owner, the multimodal transport operator determines a ceiling for liability with respect to potential future losses. Pursuant to international multimodal transport instruments, such an agreement is deemed ineffective and unenforceable against the cargo owner in cases where intentional misconduct or gross fault is attributed to the operator. Where intentional or gross fault is committed by the servants, agents, or representatives of the multimodal transport operator, these instruments adopt differentiated approaches depending on the nature of the claim. If a claim for damages is brought on a contractual basis, the limitation of the multimodal transport operator’s liability is not available. However, where a claim for damages is brought on a non-contractual (tortious) basis against the servants, agents, or employees involved in multimodal transport operations, only the culpable individuals are deprived of the right to invoke the limitation of liability, while the multimodal transport operator retains the right to rely on the liability limitation agreement. In all cases, in assessing the concept of gross fault, due regard must be paid to its objective characterization as well as to the level of expertise and professional skill of the transport operator and its agents.</p> https://www.jlsda.com/index.php/lsda/article/download/344/284