Legal representation in cases arising from contracts of carriage and forwarding
Disputes in the field of transportation of goods and people, as well as a transport expedition, are a fairly common situation in 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 transportation of goods and baggage, compliance with the terms of delivery of goods.
Conflicts between the performing party and the client party (consignor or consignee) may arise regarding the transportation of cargo, its storage, loading and unloading, customs clearance, the moment of transfer of responsibility for the fate of the cargo and other services that are specified in a specific transportation agreement.
Problems during transportation and forwarding may affect the rights and interests of transport companies, carriers, forwarders, suppliers and senders. During and after the transportation of goods between the participants in the transaction, such disputes may arise regarding:
- fines and penalties due to non-compliance with the terms of transportation;
- compensation for the cost of damaged (lost) property;
- shortage of shipped goods;
- delivery of low-quality goods;
- order of payment under the contract;
- existence of claims of third parties (for example, air carriers or railway carrier).
Types of litigation
- Recovery of the cost of lost or damaged cargo, penalties and losses
- Disputes in connection with violation of contracts of carriage or forwarding
- Termination of contracts of carriage or forwarding
- Recognition of the contract of carriage or transport expedition as invalid
- Disputes related to cargo insurance
The procedure for resolving disputes on transportation
According to Article 797 of the Civil Code of the Russian Federation, before filing a claim against the carrier arising from the carriage of goods, it is mandatory to file a claim with 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 procedure for resolving prior to going to court. Going to court without observing the claim procedure entails leaving the statement of claim without consideration (Article 148 of the Arbitration Procedure Code of the Russian Federation). This means that in the event of a transport dispute, an attempt must be made to pre-trial settlement of the problem.
The statement of claim is filed in accordance with the general rule of jurisdiction at the location of the defendant, or to the court that is specified directly in the contract of carriage. In this case, the parties may make an arbitration clause in the contract in order to resolve the dispute in an arbitration court.
If the disputed situation with the contract of carriage cannot be settled out of court, it is necessary to file a claim with the arbitration court. In the statement of claim, it is necessary to state the essence of the conflict and the requirements of the plaintiff, for example:
- collection of debts, losses, fines, penalties, lost profits;
- termination or amendment of the contract of carriage;
- requirement for the counterparty to perform the contract properly, etc.
In order to defend your rights in disputes in the field of transportation and competently draw up all the necessary documents, it is better to turn to professionals in a timely manner for help, who will be able to competently resolve the issues that have arisen.
Before applying to the arbitration court with a claim, it is necessary to conduct a thorough legal analysis of the contract of carriage. 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.