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- Herausgeber: epubli
- Kategorie: Fachliteratur
- Sprache: Englisch
Learn about the liability of logistics industry service providers on an international scale. The first chapter is about forwarders, carriers and warehousemen. Get an overview over the international conventions in the industry, the national laws and the standard trading terms. The second chapter shows you how to check a liability claim. The third chapter delivers a general understanding of the related marine liability insurance.
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Veröffentlichungsjahr: 2022
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Roland Dörre
The Forwarder´s Concern
The Forwarder´s Concern
An introduction into the marine liability of forwarders, carriers and warehousemen, the claims handling and the related insurance
By Roland Dörre
Impressum
Texte: © 2021 Copyright by Roland Dörre
Umschlag:© 2021 Copyright by Roland Dörre
Verantwortlich
für den Inhalt:Roland Dörre
Kupferdamm 16
22159 Hamburg
Druck:epubli – ein Service der Neopubli GmbH, Berlin
About the author
Roland Dörre studied law at the universities of Freiburg, Tübingen and Hamburg. He received his lawyer´s licence in Hamburg in 1992. From 1992 to 2017, he worked with different international insurance brokers on marine liability claims and on the risk analysis of logistics contracts. Since 2017, he works as a Senior Risk Consultant at Anchor Risk Services GmbH, a consulting company within the Kuehne + Nagel Group. Since 2005, he is an instructor at the Hagen Law School in the field of specialist solicitor trainings. He is responsible for the training scripts for marine liability insurance law, and air freight law.
Contents
About this book
Introduction
CHAPTER ONE: LIABILITY
1) The Forwarder
a) Definition of activity
b) Liability in general
c) Derivative liability as carrier
d) National Law
e) Forwarders Standard Terms and Conditions (STC)
2) The Carrier
a) Definition of activity
b) Liability of the carrier
i. The Carrier: Seafreight
1. International Conventions
2. National Law
3. Terms and Conditions
ii. The Carrier: Airfreight
1. International Conventions
2. National Law
3. Terms and Conditions
iii. The Carrier: Overland freight
1. International Conventions
2. National Law
3. Terms and Conditions
4. Rail freight
5. Freight by Inland Waterways
iv. The Carrier: Multimodal transport
3) The Warehouseman
a) Definition of activity
b) Liability of the warehouseman
i. National Law
ii. Terms and Conditions
CHAPTER TWO: CLAIMS HANDLING
CHAPTER THREE: MARINE LIABILITY INSURANCE
About this book
It is remarkable that after at least 100 years of contractual liability claims against the logistics industry, and their handling through a corresponding insurance industry as well as by the logistics industry itself, there seems to be no practical guide for people working on a daily basis in this field - neither on a national level, nor to mention on an international scale. The profession of risk analysis and claims handling in and for the logistics industry is still to a great extent a “learning by doing” job. As I cannot imagine a more interesting and fascinating activity, I have decided to contribute a bit to a more structured approach.
The focus of this book is on liability of the logistics industry. It is not about the remuneration of the forwarder, nor about lien, liability of the shipper or consignee, or about General Average. It is no theoretical lawbook, but a practical guideline how to analyze liabilities and apply those on specific claim cases. It further gives an introduction into the related liability insurance for the logistics industry. The view angle is international, which means I have tried an approach which can be used for the work in any country of the world. Of course this is on the background that “epicenter” of laws, conventions and terms and conditions, as a matter of fact, is in Europe.
This book is dedicated to my great colleagues at Anchor Risk Services and in the Kuehne + Nagel Group all over the world. Our daily successful and motivating teamwork contributed a lot to the decision to create this work.
Hamburg, Autumn 2021
Roland Dörre
Introduction
When we talk about liability in the logistics industry, it has to be stated first of all that this liability itself is not different from the contractual liability in other branches of the economy. Special is however the fact that the forwarder, carrier or warehouseman is entrusted with the custody of the customers´ property. The other important fact is that the remuneration for the service is always calculated on the basis of the weight, or in some cases by the volume of the goods. No wonder that the industry tended to limit its liability by the weight as well. This started a long time ago with the seafreight, where for example the Hague Rules established a liability limitation of 100 Pounds per package.
Until today, the discussion between the logistics industry and its customers about the limitation of liability goes on. Extended liability has a price for insurance, which influences the total remuneration for the logistics service.
CHAPTER ONE: LIABILITY
1) The Forwarder
a) Definition of activity
Only if you analyze correctly the legal role of the parties involved in a logistics process, you will be able to draw the correct conclusions for the liability. This is true for all kinds of logistics activities. Let us start with the forwarder.
The forwarder is the “architect of transportation”. His role is the organization of the transport. He is engaged by the customer first of all to instruct the carrier or carriers who will effect the transport. By confirming an order of the customer as a forwarder, he confirms to have this organizational role only. In general, it is crucial to understand that contractual roles are first of all defined by agreements, and not by activities. The question must always be “what is the promise of this party to the other party ?”
Besides that, the forwarder can have all kinds of obligations to care for additional tasks, most important to give necessary information received by the customer to the carrier. A good example is the correct temperature in controlled temperature transport (reefer containers and the like).
b) Liability in general
The forwarder is not responsible to effect the transport itself, i.e. his obligation is not the success of the voyage of the goods (cargo arrives from A in B). This is because his promise is only to organize (to book/to order transports), but not to effect the transport. This is very important to understand. If the forwarder is not responsible to effect the transport, he is of course not liable if the carrier does not effect the transport successfully, i.e. the forwarder is not liable for loss, damage or delay in the custody of the carrier. We will see however that there are a lot of possible circumstances which lead to a liability of the forwarder for the success of transportation, which effectively makes him a carrier.
One self-evident scenario is the forwarder effecting the carriage himself, because he has own carriage devices. Another one – and that is practically very important – is the role as contractual carrier. In that case, the forwarder leaves his organizational role, and assumes a different role to effect the transportation, though not by himself, but by subcontractors. We will have a closer look on this in the chapters concerning the carriers.
The both examples above have in common that it is the own decision of the forwarder to change his role from a forwarder to a carrier. We will see in below c) that there is another possibility where the forwarder ends up being liable as a carrier.
If the forwarder violates his tasks, he is liable for the consequences.
c) Derivative liability as carrier
