Dispute resolution under the contract of freight forwarding: judicial practice

Автор: Lonchakova Yu.A.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 11, 2023 года.

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The article examines various cases of disputable judicial practice, which are related to the fulfillment of obligations under the forwarding contract. Specific precedents are analyzed, in which the leading role is played by: competent execution of documents, verification of the condition of the cargo upon receipt and transfer, sending claims and strength of evidence when filing a lawsuit. In each case, specific examples from the practice of the arbitration court are given. Conclusion dwells upon the fact that disputes in the sphere of freight forwarding usually arise in relation to the clauses of the contract concerning payment for services and cargo safety. At the same time, judicial practice on freight forwarding contracts is varied and depends on the specific circumstances of each case, including the quality and scope of the evidence presented, as well as on the nature of the parties’ actions.

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Transport expedition, contract, arbitration practice, liability, cargo, damage, relationships, transport expedition operator

Короткий адрес: https://sciup.org/149144162

IDR: 149144162   |   DOI: 10.24158/tipor.2023.11.37

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