The Claim — a Mandatory Stage Before the Action
In the carriage of goods by sea, before filing an action against the carrier a claim must be raised against it — this rule is a special procedural precondition, and skipping it leaves the action ill-founded from the outset. The claim is presented to the persons who carried out the sea carriage at the loading and unloading of the goods; and where the goods were not carried, the claim concerns those organisations which, under the contract of carriage by sea, were to carry them. A claim connected with the carriage of baggage may be presented to the carrier of the goods, at the port of departure or the port of destination, at the claimant's discretion — in baggage matters the claimant thus has a choice. Observing the pre-claim procedure is the first and decisive step of the dispute.
Who Has the Right to Raise a Claim and Bring an Action
The law arranges the list of entitled persons by type of loss. The shipper — in case of delayed delivery by the ship or non-delivery. In case of shortage, damage or loss of the goods — the forwarding agent, the consignee or the shipper, on condition that the bill of lading is presented, together with a written notice or an appropriate document under the current rules. The consignee — in case of delayed arrival of the goods or delayed release, if it presents the bill of lading. In case of loss of baggage or delayed arrival — the presenter of the baggage receipt; in case of shortage or damage of baggage — the presenter of a written certificate. In case of excess transshipment costs — the shipper or the consignee, if they present the bill of lading. Where the carriage takes place on the basis of a sea waybill, the claimant must present the sea waybill instead of the bill of lading, and in case of loss of goods carried under a waybill — the receipt. The absence of a written notice does not deprive the person of the right to raise a claim and bring an action, if it is proved that the drawing up of the written notice was refused to him and that refusal was appealed.
Transfer of the Right and the Form of the Claim
The shipper may transfer the right of claim and action to the consignee or vice versa; the consignee or shipper — to the owner of the goods, to a forwarding organisation or to the insurer, to authorised advocates or agents. The transfer of the right of claim and action is confirmed by the transferor's signature on the bill of lading, the sea waybill, the waybill and the receipt, or in writing — a documentary transfer is thus fixed on the document itself. The claim itself is made in writing and must be accompanied by supporting documents: documents for the goods to be carried are submitted as originals, or, where no original exists, as copies. Upon presenting a claim concerning shortage, damage or spoilage of the goods, the documents confirming the right to raise the claim must be accompanied by documents confirming the value of the goods — the amount of the demand must thus be substantiated documentary.
Limitation Periods and Their Suspension
With respect to legal persons of Georgia a two-year limitation period for the action is fixed, and with respect to natural persons — a three-year period. For claims under the contract of carriage the period runs from the day of delivery of the goods, or where they were not delivered — from the day they should have been. For collision damage — from the day of the collision; for salvage rewards — from the day of completion of the salvage operations; for marine insurance claims — from the day of receipt of the right of appeal. A claim against the carrier of the goods may be raised within the first six months of the limitation period of the action. The carrier of the goods is obliged to examine the claim raised and to notify the claimant of its satisfaction or rejection within three months of receipt of the claim. From the day of presentation of the claim to the carrier of the goods the limitation time of the action is suspended until receipt of an answer to the claim or until the expiry of the period for receiving an answer. For claims connected with compensation of damage caused by a passenger's death or injury to health, or loss of or damage to the passenger's baggage, the limitation questions are determined by the rules established by the 2002 Athens Convention relating to the Carriage of Passengers and their Luggage by Sea.
Frequently Asked Questions
Below we answer the questions most frequently asked on this subject.
Is a claim mandatory before the action?
Yes — in carriage of goods by sea the raising of a claim against the carrier is a mandatory precondition for filing the action.
What limitation period applies to the claim?
Two years with respect to Georgian legal persons and three years with respect to natural persons; for goods claims the period runs from the day of delivery of the goods.
Within what time must the carrier answer?
The examination period is three months from receipt of the claim; during that time the limitation period is suspended.
Which documents accompany the claim?
Supporting documents — the bill of lading or sea waybill as originals, or copies where no original exists; in case of shortage or damage — also documents confirming the value of the goods.
How We Help on Legal.ge
A sea cargo claim demands precise selection of documents, calculation of periods and observance of the pre-claim procedure. On Legal.ge a maritime-law lawyer will prepare the claim, fix the deadlines and represent your interests through to court. Submit a request on the site and receive qualified assistance.