Legal aspects of international logistics and transportation

Companies in the field of international logistics and transportation of goods face many legal challenges: concluding contracts of carriage, managing carrier liability, customs regulations, complying with international standards and resolving logistics disputes. Antwort Law has prepared a detailed overview of these legal aspects to help companies successfully navigate the complexities of international logistics.

So, the key legal issues that logistics companies most often face and their solutions include:

1. Contract of carriage: the main document regulating the relationship between the shipper and the carrier, including the terms of transportation, the obligations of the parties, delivery times and liability for damage to or loss of cargo. An incorrectly drafted contract can lead to disputes and significant financial losses.

Solution: we help to carefully draft the contract, including all the necessary provisions to protect the interests of both parties, for example, to include clauses regarding force majeure conditions, packaging requirements and procedures in the event of loss or damage to cargo.

2. Carrier liability is regulated by various international conventions, such as the Hague Rules, the CMR Convention and the Montreal Convention. These conventions set limits on liability for loss, damage or delay of cargo, which may vary depending on the type of transport (sea, road, air).

Solution: We help you understand the applicable conventions and develop strategies to minimize risks, for example, we can prepare the documents necessary to exempt the carrier from liability in cases of force majeure or improper packaging of cargo.

3. Customs regulations: International transportation requires compliance with customs procedures, including declaring goods, paying duties and taxes, as well as passing border controls, and failure to comply with customs requirements can lead to delays, fines and confiscation of goods.

Solution: We help companies stay up to date with local customs requirements and prepare the necessary documentation in a timely manner, such as resolving issues related to the classification of goods and the calculation of customs duties.

4. Customs unions and free trade areas such as the EU and NAFTA offer simplified procedures and preferential conditions for the movement of goods, but to take advantage of these benefits, companies must strictly comply with the rules and requirements of these associations.

Solution: We help companies take advantage of customs unions and free trade areas by ensuring compliance with all requirements and streamlining procedures, such as preparing certificates of origin required to apply preferential tariffs.

5. Compliance with international standards such as ISO 9001 and ISO 14001, and transport agreements such as SOLAS and IMDG Code, which set requirements for ensuring a high level of logistics services and transportation safety. Failure to comply with these standards can lead to reputational damage and fines.

Solution: We help companies obtain certification according to international standards and ensure compliance with all necessary requirements, namely, developing internal policies and procedures that comply with international standards and assisting in their implementation.

6. Resolving logistics disputes, which may arise due to various reasons such as delays, cargo damage or non-compliance with contractual obligations, and require special procedures and knowledge.

Solution: We offer arbitration and mediation to quickly and effectively resolve conflicts without resorting to national courts, and we also determine jurisdiction and applicable law in transportation contracts, which prevents uncertainty and ensures predictability in dispute resolution. For example, we can include provisions on applicable jurisdiction and arbitration procedures in the contract, as well as represent the company's interests in international arbitration institutions such as the International Chamber of Commerce (ICC).

International logistics and transportation require a careful approach to legal aspects. Antwort Law recommends that companies carefully draft transportation contracts, monitor compliance with international standards, be aware of customs requirements and prepare dispute resolution strategies. Consulting with Antwort Law experts will help you avoid legal pitfalls and ensure successful management of international logistics operations.

Lidia Ivanova

International lawyer
Antwort Law