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Our law firm successfully concluded a complex international cargo transportation dispute, representing a contractual carrier who did not physically perform the transport but engaged an actual carrier. The dispute involved five parties with different interests: the consignor, the consignee, the actual carrier, our client, and the insurance company.
The facts of the case were as follows: the consignor packaged a chemical industry cargo and loaded it onto the vehicle. During transportation, the actual carrier discovered that the cargo leaked from its packaging, causing significant damage to the truck and semi-trailer. The damages amounted to several tens of thousands of euros.
Our main objective was to ensure that our client would not incur direct financial losses, while also avoiding lengthy and costly litigation, and that the damages would be compensated as quickly as possible.
To achieve this goal, we:
Conducted a detailed analysis of the CMR Convention, contractual provisions, and relevant insurance agreements.
Established the actual chain of liability, including responsibilities for cargo packaging, inspection, and risk allocation.
Ensured coordinated communication between all parties and their representatives, eliminating communication barriers.
Applied an alternative dispute resolution strategy to preserve business relationships between the parties.
As a result, a settlement agreement was reached, under which the damages incurred by the actual carrier were fully compensated by the consignee’s insurance company. Our client completely avoided financial liability, and the dispute was resolved without initiating court proceedings—minimizing both time and costs.
This case illustrates that resolving transport law disputes often requires not only the application of legal norms but also project management skills—the ability to coordinate multiple stakeholders, manage the process, and achieve a commercially beneficial settlement.
To reduce the risk and scale of similar incidents, we recommend:
✅ Clearly defining contractual liability for cargo packaging, inspection, and potential damages during transport.
✅ Assessing whether insurance coverage is sufficient not only for the cargo but also for potential vehicle damage.
✅ Establishing clear and rapid communication procedures between all supply chain participants to allow swift incident management and risk control.
✅ Regularly reviewing packaging and loading processes for compliance with safety standards, particularly when transporting chemical or hazardous goods.
👉 Whether you are facing a complex dispute or seeking to strengthen your logistics contracts in advance, our team will ensure the protection of your business interests across the entire supply chain.
📞 +370 664 42822 | 📩 info@prevence.legal