Damage to Cargo through Carrier's Fault: How to Prove Damages?
09.10.2013, Marina V. Abramova, Olga L. Glazkova
AGP Attorneys-at-Law Olga Glazkova and Marina Abramove discuss ways of avoiding mistakes in course of elaboration of one's case in the event of loss, shortage, damage (deterioration) of cargo during conveyance, and what is most important, ways of geting a desired outcome of the litigation. For that purpose one needs to be aware of several important nuances. The authors of the publication also recommend that performance of each of the parties to the transportation contract should be clearly specified step by step in the contract, that necessary documents should be completed with special care, that legally relevant circumstances which are to be proved should be correctly determined, and that special attention should be given to the formation of the body of evidence keeping in mind the distribution of the burden of proof. They further note that it is a good practice to also take into account arbitration cases, where interpretation was given to legal norms regulating legal relationship in connection with transportation of goods and evidence underlying judicial acts was analyzed.