The lawyer and advocate of INTERNATIONAL LAW OFFICES Artem Skorobogatov opened the round table-workshop and drew the listeners’ attention to the practical situation composed of the stages of the transport process, analyzed the burning questions on concluding and execution of the contracts on forwarding services.

The lawyer of INTERNATIONAL LAW OFFICES Natalya Myroshnychenko suggested to the participants of the round table-workshop sharing the most interesting information on practical solving of the outstanding problems concerning the forwarders’ liability for safety of cargoes during handling, as well as defining omissions and drawbacks of the forwarders connected with it, methods of solution of the present situations. After the live debates and speeches Mrs. Myroshnychenko made examples of conducting similar cases from the practice of INTERNATIONAL LAW OFFICES, offered a number of measures and actions aimed at limitation of the forwarders’ liability and prevention of their losses.

After that, the speech of director of the surveyor company “DPS Marinex” Mr. Viktor Prohorov was focused on the detailed characteristic of the surveyor’s role and participation in the process of transportation. Mr. Prohorov underlined the necessity of the control over quality and quantity of cargo at all stages of transportation that would lead to the forwarder’s operative reaction to cargo shortage and damages.

The deputy president of the insurance company “OSTRA” Mr. Aleksandr Schur advised to insure the forwarder’s liability to compensate for losses that might arise in case of the cargo shortage or damages, for the safety of which the forwarder is liable.

The head of the commercial department of the Odessa Commercial Sea Port Mr. Vladimir Protsenko specified the role of the port during cargo acceptance in the port and handling works that are recommended to be performed in the presence of a surveyor.
The deputy director of the company “MTA Service Ltd.” Mrs. Elena Zabugina stated her opinion regarding measures the forwarder is liable to take for safety of cargo during handling, as well as practical solving of similar problems, thus drawing attention of the participants of the round table-workshop to necessity of the forwarder’s strict control over cargoes handling at all stages of transportation.

The deputy director of the Close Joint Stock Company “Plaske” Mr. Dmitriy Zubkov informed about practical examples of his company’s operation with bulk cargoes, practice and organization of the forwarder’s operation and measures undertaken for safety of cargo.

An interesting example from the practice made the head of the legal department of the company “Maersk Ukraine” Mr. Aleksandr Chebotarenko. Mr. Chebotarenko highlighted one example when the consignee’s valid claim addressed to a carrier, in this case – to the MAERSK container line, in the result of the duly held investigation changed the addressee, and, eventually, the blame for the damage of the cargo was assigned to another party of the transport process.

Director of the company “Alfatrans” Mr. Dmitriy Balaban and lawyers of the firm “AT Promtex” Mrs. Irina Kretsul and Mrs. Slinko Oksana Viktorovna took an active participation. They reported to the participants on practice of the forwarders’ liability insurance, as well as shared the experience in solutions related to forwarders’ liability for safety of container cargoes.

Wide experience of “International Transport and Forwarding Company “Intertransservice” regarding handling of bulk cargoes was presented to the participants of the round table-workshop by the head of the forwarding department Mr. Kozachenko Vitaliy Valeryevich and attracted interest of the participants in problems solving of safety of such cargoes.

In conclusion, the lawyer of INTERNATIONAL LAW OFFICES, advocate Tatyana Nepomnyaschaya cited a number of examples from the actual judicial practice of INTERNATIONAL LAW OFFICES in cases where our law company acted as advocate of forwarders. Mrs. Nepomnyaschaya noted that every such case requires an individual approach and solution, as it is widely known that in two similar cases contrary court’s decisions can be delivered.

Summing up opinions passed in the course of the discussion, lawyers of INTERNATIONAL LAW OFFICES suggested a number of recommendations that require careful attention and should be taken into consideration as before the contractual relationships, as well as in the process of the execution of contracts on transport forwarding.

Thus, it is recommended:

to drawn up contracts’ forms in advance;

to create standard forwarding rules;

to carefully analyze the projects of a contract proposed by contractor before signing;

to check the very contractor before the contract’s signing;

to provide and agree upon with the client the necessity of control over cargo quality and quantity at all stages of transportation;

if control at any stage is impossible, to omit in the contract the forwarder’s liability for possible shortage at uncontrolled stages (operations);

to react efficiently to shortage and timely inform the clients about it;

to ensure its liability;

to be concerned about possible disputes in advance (arbitration, language, legislation, venue).

INTERNATIONAL LAW OFFICES thanks all participants of the event for active speeches and calls in its activity to follow recommendations and assistance of legal advisers to avoid possible risks and, as a result, incurrence of liability and losses.

Also the organizer of the event INTERNATIONAL LAW OFFICES thanks its constant media partners for support and participation:

General Media Partner
TV Channel “GLAS”

General Media Sponsor
Journal “Transport”

Media Support
“Ports of Ukraine”, “Sudokhotstvo”, “Transport and Logistics”


In the result of the present round table-workshop a motto was created that we recommend to remember to all forwarders:

One should know the law, read the contract and think over the actions.

Post release is prepared by Press-center
of International Law Offices, Ukraine
22.12.2008