Cargo Claims
CARGO CLAIMS IN SOUTH AMERICA
CARGO DAMAGE, SHORT DELIVERY, LOSS AND MARITIME CARGO DISPUTES
Cargo claims can arise when goods are lost, damaged, delayed, misdelivered or otherwise handled contrary to the applicable carriage terms. In international shipping, cargo disputes may involve shipowners, charterers, carriers, cargo interests, freight forwarders, terminal operators, stevedores, insurers and other parties.
At Latin Maritime Claims, we coordinate professional maritime legal support for cargo claims throughout South America through local maritime counsel and jurisdiction-specific legal analysis.
COMMON CARGO CLAIMS
Cargo disputes may involve:
- Cargo damage during loading or discharge
- Loss of cargo
- Short delivery
- Misdelivery
- Contamination
- Wet damage
- Packaging and handling damage
- Reefer cargo temperature disputes
- Delay in delivery
- Cargo shortage
- Improper stowage
- Bills of lading disputes
- Delivery without proper documentation
- Terminal and stevedoring damage
- General average-related disputes
The legal position will depend on the type of cargo, contract of carriage, bill of lading, charterparty, applicable international conventions and local maritime legislation.
CARGO DOCUMENTATION
Proper documentation is particularly important in cargo disputes. Depending on the circumstances, relevant evidence may include bills of lading, commercial invoices, packing lists, survey reports, photographs, Statements of Facts, mate's receipts, delivery records, tally sheets, temperature logs, notices of protest and correspondence between the parties.
Where cargo damage is alleged, independent surveys and contemporaneous evidence may be important for establishing the condition of the cargo and identifying when and where the damage occurred.
CARGO CLAIMS AND LIABILITY
Determining liability can require examination of the entire transportation chain. Depending on the circumstances, potential liability may involve the carrier, shipowner, charterer, terminal, stevedore, warehouse operator or another contractual party.
Questions concerning contractual terms, exclusions, limitation provisions, time bars and jurisdiction should be reviewed at an early stage. A cargo claim should not be pursued solely on the basis of the fact that damage or shortage occurred; the contractual and legal responsibility must also be established.
SOUTH AMERICA CARGO CLAIMS
We coordinate cargo claim matters involving Brazil, Argentina, Chile, Colombia, Peru, Ecuador, Uruguay, Venezuela and other South American jurisdictions.
The applicable procedure may differ depending on the location of the cargo, vessel, terminal or defendant, as well as the governing law and dispute resolution clause. Where appropriate, local maritime counsel can assess available court, arbitration and enforcement procedures.
CARGO CLAIM RECOVERY PROCESS
Our coordinated approach may include:
Claim Submission → Document Review → Liability Analysis → Evidence Assessment → Legal Notice → Negotiation → Arbitration or Court Proceedings → Enforcement
Early legal review is important because cargo claims can be subject to contractual or statutory notification and limitation periods.
SUBMIT YOUR CARGO CLAIM
If you are dealing with cargo loss, damage, shortage, contamination, delay or another maritime cargo dispute connected with South America, submit the available shipping and cargo documentation for an initial assessment.
Latin Maritime Claims coordinates cross-border maritime legal support with local counsel in the relevant South American jurisdiction.