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Minimizing potential losses in forwarding activities in Russia:
legal view
Polina Kondratyuk
for
ACEX Conference 12-14 September 2014
Law bureau
Transportation in Russia: multimodal
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One forwarder is responsible for all the subsequent carriers
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Only reliable and verified partners
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It happens…
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It happens…
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It happens…
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Quality of service
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•Quality = safety
•Quality = quick & reasonable settlement
Reimbursement
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Local legislation
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• Russian Civil Code• Law on Forwarding Activities • Rules of Transportation and Forwarding Activity• Motor Transport Charter• Rules of Carriage of Goods by Road • Railway Transport Charter + Rules of Carriage of Goods by Railway Transport• Merchant Shipping Code• Air law • Inland Water Transport Code• Opinions of Supreme Arbitrazh Court• etc.
TRANSPORTATION CONTRACTS: forwarding
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• Mandatory written form• Client shall issue POA • Rules of Transportation and Forwarding Activity provide issuing of the special
documents:• Forwarding receipt• Forwarding order• Warehouse receipt
• The parties are free to determine contract provisions with minor exceptions
TRANSPORTATION CONTRACTS: carriage
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•Shall be confirmed by the transportation waybill
•The special forms for waybills are provided by the Rules for this type of carriage
Examples of defense positions with no chance to success
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• Theft of cargo, road/railway/air accidents are force majeure circumstances according to contractual provisions
• Carrier/forwarder shall not compensate damages to cargo inflicted by third party’s actions (example – road accident where carrier’s driver is not a breaching party)
Practical tips – some aspects of domestic law
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•Claims procedure
•Domestic law - mandatory pre-action procedure
• International law (i.e. CMR) – no mandatory pre-action procedure
Practical tips – some aspects of domestic law
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• Limitation of action
•Russian law – peremptory requirements, 1-year limitation period cannot be extended upon agreement of parties
• In some jurisdictions (i.e. UK) extension is possible
Practical tips
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• Liability: forwarder
•Cost or declared value of cargo
•CanNOT be reduced by forwarding agreement
Practical tips
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• Liability: carrier
•Cost or declared value of cargo (i.e. domestic road carriage)•Cost or declared value of cargo, or indemnity
calculation by weight (i.e. air carriage, international road transportation etc.)
Practical tips
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•Forwarder’s liability is often broader than carrier’s liability
FORWARDER’s LIABILITY
CARRIER’S LIABILITY
Insurance
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cargo insurer
cargo owner forwarder
carrierliability insurer
liability insurer
subrogation subrogation
Supreme Arbitrazh court legalized liability insurance
Ruling of the Presidium of Supreme Arbitrazh court dated 13 April 2010 No. 16996/09
brought insurance of carriers’ and forwarding agents’ liability into the legal framework
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The “most popular” damages
• For sea carriage:• Water damage• Damage during loading operations
• For air carriage:• Damage during loading operations • Shortage of cargo
• For road carriage:• Road accidents • Theft and fraud• Damage during loading operations
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SUMMARY
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