CMR and Cargo claims

Subcontracting

Subcontracting is an integral practice in transport, where a single transport operation is often entrusted to multiple freight forwarders and subcarriers. While the goods are ultimately transported by the actual carrier, the process clearly encompasses a chain of intermediaries. Under the CMR Convention, the responsibility for actions and omissions extends not only to the primary carrier but also to the subcontractors involved. This intricate liability structure is further complicated by the CMR's specialized provisions for successive carriers, which are implemented differently across various convention states. This distinction gives rise to the concepts of "broad" and "narrow" doctrines, each carrying its own implications.

In scenarios where the CMR is inapplicable based on national law, the liability dynamics for subcontractors can diverge significantly. This complex legal landscape underscores the importance of a nuanced understanding of both CMR provisions and the intricate fabric of national legislation within each jurisdiction.

At ITL Attorneys, we recognize the multifaceted nature of subcontracting within the transport industry. Our legal experts are well-versed in dissecting the complexities of CMR liability and its implications for subcontractors. With extensive experience in this arena, we offer strategic counsel to clients navigating the intricate network of subcontracting relationships. Whether it's advising on compliance with CMR regulations, addressing liability concerns, or offering insights into national legislation variations, our team stands ready to guide clients through the intricacies of subcontracting within the transport sector.

Experts

Christian Hofman
Partner
Netherlands
Andrzej Plutynski
Partner
Poland
Zuzana Bukvisova
Partner
Slovakia
Mathias Dendievel
Partner
Belgium
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