05/07/2021 12:00 PM
CMR: recent developments - an international comparison
This webinar has now taken place, but please complete our form if you would like to be sent a copy of the recording.
The Convention on the Contract for the International Carriage of Goods by Road (CMR) is an international convention designed to unify the law governing the carriage of goods by road. It is, therefore, perhaps surprising just how differently states approach the interpretation of the Convention when applying its terms.
Our speakers, Chris Chatfield (Partner, Kennedys) and Ingo Gercke (Partner, REMÉ Rechtsanwälte) will consider the interpretation of certain provisions by two countries which are often seen as being at opposite ends of the spectrum – Germany and the UK. Whilst Germany is often favoured by cargo interests seeking to maximise their recovery, the UK tends to be preferred by forwarders due to its application of the limits of liability. However, both jurisdictions have traps for the unwary and such assumptions may not be entirely sound. We shall compare and contrast recent developments in both jurisdictions and their interpretation of the following points:
- Wilful misconduct, the operation of Article 29 of the CMR and the application of concepts of contributory negligence to reduce the damages recoverable.
- The application of the limits of liability and damages recoverable (including damages recoverable for additional items such as duty and VAT).
- Fraudulent sales – does the carrier have an obligation to spot a fraudulent buyer and warn the seller?
This presentation will be of interest to those involved in the transportation of goods by road, including forwarders, cargo insurers and freight liability insurers. We hope to challenge some of the traditional views on forum shopping and bring the audience up to date on developments in these important areas.
If you would like to register your interest in joining the webinar please contact our events team.