Interlegal legal advice upon Kazakh and Chinese legislation on railway transportations
7 December, 2021
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International insurance company applied to Interlegal in order to assess grounds and prospects for bringing railway carrier to liability due to large shortage of cargo in the process of railway transportation from Kazakhstan to China.
Cargo owner incurred losses exceeding 130,000 Euros. As per preliminary data, cargo loss occurred at the border between Kazakhstan and China in the process of cargo shifting to other wagons (caused by different width of Kazakh and Chinese railway tracks).
Procedure and terms of international railway transportation are governed by several international conventions. However, while analyzing prospects for bringing railway carrier to liability, specifications of local legislation and practice both in country of departure and destination country should always be taken into consideration.
Interlegal Kazakh office and China desk, managed by Ukrainian law team, analyzed the situation.
Having analyzed the situation in whole, all the documents, international and national legislation of the Republic of Kazakhstan and the People’s Republic of China, Interlegal lawyers determined the party who may be liable for cargo shortage and the prospects for damage recovery.
There are certain specifications for bringing railway carriers to liability and for documentation upon cargo damage/shortage in the process of transportation; therefore, successful damage recovery depends on correct documentation and compliance with terms.
Having vast experience upon legal support in transport industry, Interlegal experts not only answered to the Client’s questions but also provided detailed recommendations upon risk mitigation and lawful response.
If you face similar situation, or if you are just planning cargo transportation by rail, we are always ready to assess available solutions and to grant practical recommendations aimed to mitigate risks of bringing the carrier to liability.
Interlegal associate attorney Dmitri Ochkolias, lawyer Olesya Gorachek and junior lawyer Karina Shakhbazian, managed by senior associate Karyna Gorovaya, led the case.
