Transport and transportation

Transport and transportation

As a Rotterdam office on the Maas, the port and international trade are perfectly suited to us. Transportation plays a crucial role in international trade. In many areas, transport is standardized with standard contracts, intermediaries (freight forwarders, commercial agents, etc.), certifications, trade papers, and exchange prices. We assist organizations with negotiations and the conclusion of contracts in the field of international transportation. We have experience with various modes of transport such as:

• Road transport (CMR)
• Maritime Transport (The Hague Visby)
• Air transport
• Rail transport
• Inland waterway transport

Moreover, we assist organizations with various disputes, such as:

• Cargo damage
• Liability
• International trade dispute settlement (including arbitration)
• Collision

We have the knowledge and expertise to assume diverse roles: from advice to dispute resolution. We have an experienced team of lawyers and legal experts in the field of trade and transport. Contact us to discuss the possibilities.

Transport and logistics within commercial law

Transport forms the logistical backbone of virtually every supply chain. Within our commercial lawteam, we view transport not as a standalone subject, but as the final link in the surrounding purchase, distribution, and delivery agreements. Who delivers, who bears the risk during transport, and which liability arrangements apply if the cargo arrives damaged or delayed? These questions relate directly to your distribution agreements, the engagement of a commercial agent or intermediary , and transport and goods insurance. Our mixed teams of lawyers and in-house counsel work for shippers, carriers, freight forwarders, and consignees – from an international corporation shipping containers daily to the baker on the corner who loses a batch of raw materials en route.

Legal framework: Book 8 of the Dutch Civil Code and the transport treaties

Dutch transport law is governed by Book 8 of the Civil Code, which has its own regulations for each mode of transport. In addition, mandatory international treaties apply that take precedence over national law whenever the transport has a cross-border character:

• Road transport – internationally the CMR Convention, nationally Book 8 of the Dutch Civil Code (including Article 8:1095 of the Dutch Civil Code: delivery in the condition in which the goods were received, and Article 8:1096 of the Dutch Civil Code: transport without delay), supplemented by the AVC 2002.
• Maritime transport – the Hague-Visby Rules and Title 5 of Book 8 of the Dutch Civil Code.
• Inland navigation – the CMNI Convention and the national regulations in Book 8 of the Dutch Civil Code.
• Air transport – the Montreal Convention (1999).
• Rail transport – the COTIF/CIM scheme.

Because many of these rules are mandatory, you cannot simply deviate from them contractually. It is therefore essential to know which regime applies before concluding a transport agreement – ​​and how this relates to the Incoterms and the transfer of risk agreed upon in the sales contract.

Liability of the carrier and the limits

In principle, the carrier is liable for damage to or loss of the cargo between receipt and delivery. Opposite this broad liability stands a statutory limitation on compensation:

• In international road transport under the CMR, liability under Article 23 of the CMR is limited to 8.33 SDR per kilogram of damaged or lost cargo.
• For national road transport under Book 8 of the Dutch Civil Code and the AVC 2002, a significantly lower limit applies (EUR 3.40 per kilogram in the AVC).

These limits are often an unpleasant surprise for shippers: the actual damage is usually much higher than the amount the carrier is required to pay. The limit can be breached in the event of intent or willful recklessness on the part of the carrier itself (Article 29 CMR; Article 8:1108 BW). Whether this is the case is a factually and legally complex assessment – ​​in the Netherlands, “willful recklessness” is assumed with restraint. We assess whether a breach is likely to succeed and what evidence is required for this, and help shippers bridge the gap between the carrier’s limit and the actual value in advance through good goods or transport insurance.

Carrier or freight forwarder: who is your counterparty?

In practice, many mistakes are made regarding whether your contractual party acts as a carrier or a freight forwarder. Pursuant to Article 8:60 of the Dutch Civil Code, the freight forwarder merely undertakes to conclude a transport agreement with a carrier on behalf of his client; he is only liable for his own errors, such as an incorrect choice of carrier or incorrect instructions. The carrier, on the other hand, is responsible for the transport itself and bears the greater liability for the cargo. Anyone who does not clearly understand this distinction may be left empty-handed after a claim. We analyze the agreement, the applicable terms and conditions (such as the Dutch Freight Forwarding Conditions or the AVC), and the actual division of roles, so that you submit your claim to the correct party.

Disputes, statute of limitations and dispute resolution

Transport disputes involve short time limits that require swift action. For claims under the CMR, a limitation period of one year applies pursuant to Article 32 of the CMR (three years in cases of intent/conscious recklessness). National transport law also features short limitation and forfeiture periods, and there are protest periods within which you must report damage to preserve your rights. A late notification or summons can render your claim without merit. We guide you through the entire process: from establishing liability in a timely manner and securing evidence (expert opinions, damage reports), through negotiation and settlement, to litigation before the courts or arbitration – including at the Council of Arbitration for Transport Companies. In international disputes, we pay close attention to choice of forum and jurisdiction, as the outcome can vary significantly from country to country.

Frequently asked questions about transportation and transport

Which law applies when my transport crosses the border?
For international road transport, the CMR applies mandatorily; for sea, air, and inland waterway transport, the corresponding conventions apply. If the transport remains within the Netherlands, Book 8 of the Dutch Civil Code applies, usually supplemented by the AVC 2002.

How much will I be reimbursed for cargo damage?
Compensation is legally limited: 8.33 SDR per kilogram under the CMR and EUR 3.40 per kilogram under the AVC. You can only claim the actual damage in cases of intent or willful recklessness on the part of the carrier.

Is my freight forwarder liable for damage to the cargo?
Usually not for the cargo damage itself: under Article 8:60 of the Dutch Civil Code, a freight forwarder is only liable for his own errors. We assess whether your counterparty actually acted as a carrier, because in that case, the situation is different.

Within what timeframe must I take action?
In short: under the CMR, your claim generally lapses within one year (Article 32 CMR). Therefore, do not let a transport dispute go unresolved and contact us quickly.

MKB Juristen: your partner in transport and logistics

Whether you are a shipper, carrier, freight forwarder, or consignee: our lawyers and in-house counsel know both the logistics practice and the legal playing field. We advise on transport contracts and general terms and conditions, assess liability and insurance coverage, and assist you in negotiations, litigation, and arbitration. Because we always view transport in conjunction with your broader commercial lawpractice—from purchasing and distribution to commodity trading —you prevent conflicts between agreements within the supply chain. Contact us to discuss your situation without obligation.