From the Summary of Argument:
In the twelve major commercial maritime nations represented by amici, a transport intermediary acts either as an agent or as a principal--depending on the facts of the case--and no legal rule requires an intermediary to act as an agent when it has not agreed to do so. When an intermediary acts as an "agent" to contract on behalf of its customer, the customer is bound by the contract between the intermediary agent and a third-party carrier, but when the intermediary assumes for itself the carrier's role in a contract with its customer, the customer will not be bound by a contract between that intermediary and an-other carrier. In amici's nations, an intermediary issuing a FIATA FBL would be recognized as a "principal" or "carrier" rather than as an "agent," and the intermedi-ary's customer would not be bound by the contract be-tween that intermediary and another carrier. For the sake of international uniformity, the law of the United States should be the same.
Brief of Professors Francesco Berlingieri et al. as Amici Curiae in Norfolk Southern Railway Co. v. James N. Kirby Pty. Ltd., No. 02-1028, Supreme Court of the United States, on Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit (2004)