Introduction Choice of law and jurisdiction in transportation disputes are two of the most important legal issues in international logistics. When goods are lost, damaged, delayed, stolen, misdelivered or detained during transportation, the first question is not always “who is liable?” In many cases, the first question is “where can the claim be brought?” and […]
Introduction Limitation periods in cargo claims are among the most critical issues in transportation law and international logistics. A cargo owner may have a strong claim for loss, damage, delay, theft, misdelivery or mishandling, but the claim may still fail completely if the relevant deadline is missed. In cargo disputes, time is not a procedural […]
Introduction Claims against logistics companies for cargo loss are among the most common and commercially important disputes in transportation law and international trade. Every shipment involves trust: the cargo owner entrusts goods to a carrier, freight forwarder, warehouse operator, terminal operator or multimodal logistics provider with the expectation that the goods will reach the consignee […]
Introduction General average in sea transportation of goods is one of the oldest and most distinctive principles of maritime law. It applies when an extraordinary sacrifice or expenditure is intentionally and reasonably made to save a ship, cargo and maritime adventure from a common danger. In such a case, the financial burden is not left […]
Introduction Electronic transport documents in international logistics are becoming one of the most important developments in modern transportation law and global trade. For decades, international trade has depended on paper documents: bills of lading, sea waybills, air waybills, CMR consignment notes, warehouse receipts, delivery orders, packing lists, insurance certificates and customs documents. These documents prove […]
Introduction Cargo seizure in international trade is one of the most serious legal risks affecting importers, exporters, carriers, freight forwarders, customs brokers, insurers and cargo owners. Unlike an ordinary delay or temporary customs hold, seizure means that public authorities have taken control of the goods because they suspect a violation of customs, trade, intellectual property, […]
Introduction Customs detention of goods during transportation is one of the most serious legal and commercial risks in international trade. A shipment may be properly sold, properly packed and safely transported, yet still fail to reach the buyer on time because customs authorities decide to hold, inspect, examine, verify or detain the goods. When this […]
Introduction Loading and unloading liability in cargo transportation is one of the most important legal issues in logistics law, international trade and cargo claims. Many disputes do not arise during the actual movement of goods on the road, at sea, by air or by rail. Instead, they occur at the beginning or end of the […]
Introduction Improper packaging in goods transport is one of the most common causes of cargo damage, cargo loss and transportation disputes. In international and domestic logistics, goods are exposed to vibration, impact, stacking pressure, humidity, temperature changes, handling operations, customs inspections, loading and unloading, road movement, sea motion, air cargo handling, rail shocks and warehouse […]
Introduction Subcontracting in logistics is one of the most common and legally complex practices in the transportation of goods. In modern international trade, the company that contracts with the shipper is often not the same company that physically carries the goods. A freight forwarder may contract with a road carrier. A road carrier may subcontract […]