Insurance dispute

The SBH Law Offices team successfully defended in three economic courts the interests of the client, a Belarusian transport organisation, in a claim brought by a major German insurance company. The claim was for subrogation of losses resulting from the loss (theft) of cargo in international traffic.
Several Belarusian and foreign forwarders and carriers, as well as their insurance organizations from several jurisdictions were involved in the case. The main legal issues that arose in the case were:
•    the content of the foreign law provisions providing for the subrogation of a claim;
•    qualification of the legal relationship between the parties (carriage or freight forwarding);
•    the terms of the freight forwarder's liability for loss of goods and the application of the CMRG.
The trial court's decision, which was upheld by the higher courts, rejected the claim in full.

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