Interlegal Georgia consulting upon the issues of applying CMR Convention in Georgia for the British leading law firm
28 March, 2017
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The Client applied to Interlegal with regards to representing the large insurance company interests under the case on cargo theft during road transportation from Italy to Georgia.
The insurance company insured liability of the freight forwarder who engaged several automobile carriers registered in Georgia.
At one of the carriage stages, location of car with cargo on board was not identified, the cargo was not delivered to the consignee and the issue of freight forwarder’s and carriers’ responsibility against the cargo owners and between each other under the series of contracts arose.
The Client needed consulting upon the Georgian law concerning prospects of recourse claim against one or several engaged carriers, presence/absence of grounds for filing the lawsuit under the claim arising from non-contractual obligations and instruments for suspending limitation period provided by the Georgian legislation.
Since international carriage was governed by the Convention on the Contract of International Carriage of Goods by Road (CMR Convention) ratified by Georgia, with the Georgian element involved, Interlegal Georgia jointly with Interlegal Odessa office consulted the Client upon the analysis’ results of actual case circumstances, CMR Convention and the Georgian legislation which slightly differed from the Convention provisions.
Due to Interlegal Georgia consultations, the Client obtained exhaustive information concerning the grounds, prospects and procedural nuances of initiating court proceedings in Georgia useful for a decision regarding the case proceedings strategy.
Interlegal Georgia partners Paata Kopaleishvili and Valerian Imnaishvili, jointly with Interlegal lawyer Ekaterina Gadetskaya and partner Natalya Myroshnychenko led the case.