Transport and logistics disputes

What is happening

A forwarder took the cargo and handed it to a carrier you have no contract with, and a shortfall was found on unloading. The forwarder says the carrier is liable; the carrier says it never contracted with you.

A truck waited a full day beyond the allowed time at loading and unloading, the carrier has invoiced for excess waiting time, the consignee will not sign, and the shipper cannot see why it should pay.

A logistics company is holding the next consignment as security for payment of earlier trips that are in dispute. The goods are stuck in the warehouse and cannot go on sale, and you need to know quickly whether it has a right of retention.

What the law says

• Carriage and freight forwarding are governed by Chapters 40 and 41 of the Civil Code, by the transport charters and codes, including the Road Transport and Urban Ground Electric Transport Charter, and by the law on freight forwarding.
• Before suing a carrier over the carriage of goods, a claim letter must be presented to it (Civil Code).
• The limitation period for claims arising from the carriage of goods is one year, running from the point set by the transport charters and codes; claims under freight forwarding contracts are also subject to a shortened period.
• A carrier is liable for loss, shortage and damage unless it proves these resulted from circumstances it could not prevent and whose removal was beyond its control; compensation is usually capped at the value of the goods or their declared value.
• A forwarder is liable to the client for the third parties it engages, unless the contract says otherwise; so the claim letter and the lawsuit are often better directed at the forwarder.
• International road haulage is governed by the Convention on the Contract for the International Carriage of Goods by Road (CMR), with its own rules on liability and time limits.

What we do

• We establish from the contracts and transport documents who is liable to you: the carrier, the forwarder or both.
• We check the handover and delivery documents: consignment notes, reports and remarks on shortage or damage.
• We calculate the claim periods and the limitation period and secure first whatever could otherwise be lost.
• We prepare the claim letter and a calculation of loss, with documentary proof of the cargo's value.
• We arrange an expert examination of the cause of damage where it is disputed.
• We represent the company in the commercial court as cargo owner, carrier or forwarder.

What we will need from you

• Carriage or forwarding contracts, transport orders and instructions to the forwarder.
• Consignment notes, delivery notes, forwarder's receipts and CMR notes.
• Shortage or damage reports, commercial reports and photographs of the cargo on unloading.
• Evidence of the cargo's value: invoices, transfer documents, contracts with your buyer.
• Correspondence with the carrier and the forwarder, and details of the route and delivery times.