In a riveting legal battle, Clams Trans emerged victorious by securing justice for a client facing unjustified withheld deducted freights. This milestone case sheds light on the critical role we play in advocating for our clients’ rights in the realm of logistics and transportation.
Check out our recent post and article on the topic of unpaid freights: Reclaim Your Profits: The Ultimate Solution for Recovering Unpaid Freights in the Transport Industry
The Challenge: Pursuing Resolution ❌
When our client’s cargo suffered damages during transit from Uzbekistan to North Macedonia, a contractor unilaterally deducted a sum for damages. Armed with unclear documentation, the contractor’s actions were unjustifiable. Despite our efforts to seek an extrajudicial solution, the claimant remained unresponsive.
Legal Landscape: CMR Convention’s Significance 📜
Navigating the intricacies of international transport claims required us to lean on the CMR Convention’s tenets. Article 17, Paragraph 4, addresses exceptional risks that could limit carrier liability, while Article 18, Paragraph 2, mandates claimants to establish non-attribution to these risks.
Strategic Pursuit of Justice: Litigation in Belarus 🛤️
Undeterred by obstacles, we initiated legal proceedings in Belarus, the jurisdiction of the claimant. While challenges arose – from obstruction tactics to fabricated documents – we remained steadfast in our pursuit of justice.
Courtroom Triumph: A Defining Moment
During a pivotal court session, the defendant presented an annex to the transport order, asserting the right to offset during trials. However, the court uncovered the consignee’s orchestrated scheme involving a forged signature – a revelation that turned the tables in our favor.
Verdict: Restitution and Beyond 👨⚖️
The Belarusian court’s ruling was a testament to justice prevailing. The withheld sum was ordered to be restored, accompanied by interest from the decision’s legal enforcement until payment. Armed with the court’s binding decision, we are prepared to take necessary steps, if required, to ensure our client’s rights are upheld.
Continued Progress: Enforcing Justice ⚖️
Our commitment doesn’t end with the verdict. We’ve successfully initiated the procedure for enforcing the legal decision before a Bailiff in Belarus, reinforcing our dedication to justice.
Industry Impact: A New Precedent
This triumph sets a remarkable precedent in the transportation sector. It serves as a stark reminder that substantiating claims with irrefutable evidence is paramount, and unfounded claims are unlawful – a message the court’s decision reinforces.
Championing Rights: A Collective Endeavor
While our partner’s unwavering dedication contributed significantly to this achievement, we recognize that this victory is a result of collective teamwork and expertise. This success resonates not just for our client but for all carriers and freight forwarders confronting analogous challenges.
In Conclusion: A Resounding Victory 🏁
Our victory in the courtroom echoes our dedication to championing the rights of carriers and freight forwarders globally. This triumph emboldens us to continue advocating for justice, not only within familiar jurisdictions but also in foreign courts.