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Shipping Disputes

What is the time limit for cargo claims in Georgia?

Time limits vary by transport mode. Under CMR (road), hidden damage must be reported within 7 days. For maritime claims, notice periods depend on the specific Bill of Lading terms and Maritime Code.

Who is liable for cargo damaged during transit?

Generally, the carrier is liable unless they prove the damage was caused by inherent vice of the goods, insufficient packaging, or force majeure.

Can I withhold freight payment if my cargo is damaged?

Usually no. Under most laws and contracts, freight is payable regardless of cargo condition ("Freight Prepaid"), and damage claims must be pursued separately. Withholding payment can lead to liens.

What is the difference between Demurrage and Detention?

Demurrage is charged for delay inside the port terminal. Detention is charged for keeping the container outside the port beyond the allowed free time.

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Shipping disputes encompass legal conflicts arising during the transportation of goods, whether by sea, land, or air. Georgia, as a regional transit hub and maritime nation, is actively involved in the international logistics chain. Consequently, disputes regarding cargo damage, loss, delay, or non-payment of freight charges are frequent. Such disputes are complex as they often involve international conventions, multiple jurisdictions, and technical expertise. Shipping law specialists protect the interests of exporters, importers, carriers, and freight forwarders, ensuring compensation for damages and the stability of commercial relations.

What Does the Shipping Disputes Service Cover?

The service covers all aspects of transport law and includes:

  • Cargo Claims: Disputes demanding compensation for cargo damage, determining the causes of damage (bad packaging, temperature violation), and identifying the responsible party.
  • Freight and Demurrage: Disputes regarding non-payment of shipping costs (freight), as well as fines imposed for the detention of containers or wagons (demurrage/detention).
  • Insurance Disputes: Interactions with insurance companies when they refuse to reimburse transport incidents (subrogation claims).
  • International Conventions: Resolving disputes based on CMR (road), Hague-Visby (sea), and Montreal (air) conventions.
  • Forwarder Liability: Disputes between the cargo owner and the forwarder due to improper service or change of route.

Real-World Situations When You Need This Service

Legal assistance in the shipping field is critical in the following cases:

  • Container Damage at Port: Expensive equipment was damaged while unloading a container at Poti or Batumi port. Liability needs to be distributed between the port, terminal, and vessel.
  • Perishable Cargo: Fruit spoiled due to customs delays or reefer container failure. The lawyer determines who is liable for damages.
  • Disappearance of Carrier: The driver or carrier company is not answering calls, and the cargo location is unknown. Immediate legal response and police involvement are needed.
  • Demurrage Dispute: The cargo owner was charged a huge fine for late return of the container, caused by force majeure or the carrier's fault.

Georgian Legal Framework

Shipping disputes are regulated by both national and international law. Key acts include the "Maritime Code of Georgia", the "Civil Code of Georgia" (carriage contracts), and the "Law on Motor Transport". Of particular importance are international conventions to which Georgia is a party: the "Convention on the Contract for the International Carriage of Goods by Road" (CMR), regulating trucking, and international maritime law norms. Knowledge of these regulations is essential, as limitation periods and liability limits in transport law are specific.

Process: How a Specialist Works

The dispute resolution process includes:

  1. Evidence Collection: Analysis of waybills (Bill of Lading, CMR), invoices, surveyor reports, and photographic material.
  2. Claim Submission: Sending an official claim to the carrier or insurance company within the statutory deadlines.
  3. Negotiation: Attempting to settle the dispute amicably, which is often the most effective way in business.
  4. Arbitration or Court: If an agreement cannot be reached, proceedings in court or maritime arbitration.

Why Legal.ge?

Legal.ge gives you access to lawyers with narrow specialization in transport and maritime law. Shipping disputes require knowledge not only of jurisprudence but also of logistics. Specialists on our platform will help you protect your cargo and business interests in complex transport disputes.

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