One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of transport disputes. In our practice, we face with various types of transport disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the transport disputes require an individual approach to each specific case and careful legal analysis.
Disputes in the field of transportation and freight forwarding
Disputes in the field of transportation of goods and people, as well as transport expeditions are quite common situations in the arbitration practice. The legal basis for their decision is the norms of chapters 40 and 41 of the Civil Code of the Russian Federation. They contain the basic rules that relate to the transport of goods and baggage, compliance with the delivery time of goods.
Conflicts between the executing party and the client-side (consignor or consignee) may arise regarding the transportation of goods, their storage, loading and unloading, customs clearance, the moment of transfer of responsibility for the fate of the goods and other services that are specified in a specific contract of carriage.
Problems during transportation and freight forwarding may affect the rights and interests of transport companies, carriers, freight forwarders, suppliers and senders. During and after the carriage of goods between the parties to the transaction, such disputes may arise regarding:
- fines and penalties due to non-observance of transportation terms;
- compensation for the value of damaged (lost) property;
- shortages of goods shipped;
- delivery of low-quality goods;
- payment procedure under the contract;
- claims by third parties (for example, air carriers or rail carriers).
Types of litigation in the field of transportation
- Recovery of the value of the lost or damaged cargo, forfeit and loss
- Disputes in connection with violation of contracts of carriage or forwarding
- Termination of contracts of carriage or freight forwarding
- Invalidation of a contract of carriage or transport expedition invalid
- Disputes related to cargo insurance
Dispute Resolution Procedure
According to Article 797 of the Civil Code of the Russian Federation, before filing the claim against the carrier arising from the carriage of goods, it is mandatory to submit a claim to him in the manner prescribed by the relevant transport charter or the Civil Code of the Russian Federation. Disputes in the field of transportation involve a claim settlement procedure before going to court. Appeal to the court without observing the claims procedure entails the abandonment of the claim without consideration (Article 148 of the Arbitration Procedure Code of the Russian Federation). This means that in the event of a traffic dispute, it is imperative to try to pre-trial settlement of the problem.
The statement of claim is filed by the general rule of jurisdiction - at the location of the defendant, or to the court that is determined directly in the contract of carriage. In this case, the parties may make an arbitration clause in the agreement to resolve the dispute in the arbitration court.
If the disputed situation with the contract of carriage cannot be settled in pre-trial procedure, it is necessary to file a claim with the arbitration court. The statement of claim must state the essence of the conflict and the plaintiff's claims, for example:
- claim for debts, losses, fines, forfeits, lost profits;
- termination or amendment of the contract of carriage;
- claim to execute the contract properly, etc.
To defend your rights in disputes in the field of transportation and correctly draw up all the necessary documents, it is better to seek help from professionals on time who will be able to resolve the issues that arise.
Before applying to the arbitration court with a claim, a thorough legal analysis of the contract of carriage is necessary. The best option is to involve a lawyer at the stage of concluding a contract of carriage so that he can explain all its provisions, conditions and possible consequences.
- Legal analysis of documents and other evidence submitted by a client regarding the transport disputes
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on the transport disputes