Another legal victory in an insurance dispute

SBH Law Offices dispute resolution team successfully defended the interests of a client, Belarusian transport company, in three instances of economic court. The claim was filed by a major German insurance company for subrogation of damages due to loss (theft) of cargo during international transportation.

Several Belarusian and foreign freight forwarders and carriers and their insurance organizations from several jurisdictions were involved in the case.

Main legal issues raised in the case:

  • content of existing foreign law providing for the transfer of the right of claim by subrogation;
  • qualification of legal relations between the parties (transportation or expedition);
  • conditions of freight forwarder's liability for loss of cargo, application of CMR.

The decision of the court of first instance denied satisfaction of the claims in full, and was left unchanged by the higher courts.

The case was handled by the team of SBH Law Offices headed by partner Timour Sysouev and lawyer Nadezhda Koroleva.

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