OUR EXPERIENCE
Reimbursement of losses caused by unauthorized sale of cargo.
The attorneys of Inmarine were nominated by the freight forwarder to provide legal assistance on the issue of reimbursement of the value of gelatin lost by the shipping line in a container. The loss of cargo occurred as a result of an uncoordinated and unauthorized forwarder of forced sale of goods by a line during its storage at the port of discharge. The sale was carried out despite the full and timely payment by the freight forwarder of services for the storage of cargo and is motivated by the minimization of losses by the line.
Our services in the case
According to the established circumstances, attorney Victoria Zhdanova filed a statement of claim to the Arbitration Court of St. Petersburg and Leningrad Oblast. During the year, while the trial of the case lasted, the Inmarine team collected, evaluated and presented evidence confirming the defendant’s immediate guilt - the line agent in the loss of cargo.
The defendant denied involvement in the sale of the goods, referring to the limitation of his liability as an agent of the carrier. Meanwhile, our attorneys proved that the loss of cargo occurred not in the process of its transportation on the ship “BALKAN” (IMO 9358890), but during the period of its forced storage, which was paid by the claimant - the freight forwarder in full. To give explanations on the case, third parties were involved - the owner of the lost cargo, as well as the person who purchased the cargo after it was sold with the sanction of the defendant - an agent of the shipping line.
By decision of the Arbitration Court of St. Petersburg and Leningrad Oblast of 02/11/2016 on court case A56-41031, left unchanged by the Resolution of the Thirteenth Arbitration Court of Appeal of 05.26.2016, with the participation of Inmarine attorneys, from a CMA CGM agent in favor the freight forwarder recovered losses incurred by compensating the customer for the cost of forced gelatin sold during storage in the sea port of Rotterdam. The judicial act was executed within 5 working days from the date of entry into force, the amount of damages was fully recovered from the line agent in favor of the freight forwarder.
Disputes arising from international transportation in the framework of the provision of freight forwarding services, as a rule, are complex, require compliance with the pre-trial settlement procedure and the collection and provision of evidence, including outside the Russian Federation.
If you or your partners are faced with loss or damage to the cargo during the maritime transport, contact us to arrange legal assistance by email at sos@inmarin.ru or by phone +7 (812) 603-48-63.
St. Petersburg Law Offices "Inmarine" Pressing Service, 2018.