CMR Freight Forwarding and Fenex

CMR, Expeditie en FENEX - Maritiem, haven en handel advocaten

Legal Aspects of Transport and Logistics: CMR, Freight Forwarding, and FENEX

In the logistics chain, speed is everything. Carriers, freight forwarders, shippers, and insurers operate under tight deadlines, international regulations, and complex chain responsibilities.

When something goes wrong—from cargo damage, theft, or delays to a payment dispute—questions immediately arise regarding liability, insurance coverage, and recourse options.

At Yur, we understand that at such a moment, you don’t need theoretical discussions, but a legal partner who speaks the language of the industry and acts immediately.

Yur lawyers:

Sector-specific approach

Over 30 years of experience

Specializing in international transport disputes

Experience with complex contract structures

CMR: Your guide to international road transport

In international road transport, the CMR Convention almost always serves as the guiding principle. This convention not only governs the carrier’s liability for loss or damage to goods, but also sets strict limits on compensation (the so-called “per-kilogram limit”).

The devil is often in the details. Was there deliberate recklessness? Was the damage reported in a timely manner? We assist carriers and insurers in defending against or substantiating claims under the CMR. We ensure that the burden of proof is met and that you are not faced with surprises due to missed deadlines or procedural errors.

Shipping and the Power of the FENEX Terms

The legal status of a freight forwarder differs significantly from that of a carrier. A freight forwarder organizes the transport and acts as an intermediary in the process, but does not typically carry out the physical transport itself.

This distinction has direct implications for liability. Whereas a carrier may be liable for damage to the cargo under the CMR Convention, the freight forwarder’s liability is, in principle, limited to errors in the organization of the transport.

The Dutch Freight Forwarding Conditions (FENEX Conditions) provide freight forwarders with an important tool to limit their liability and strengthen their legal position.

Assistance with liability and contractual disputes

In addition to standard contracts and industry-specific terms and conditions, parties in the logistics sector face a wide range of contractual issues. These include framework agreements with clients, logistics service agreements (LSAs), leases for storage space, and disputes over demurrage, laytime, and demurrage charges.

Yur helps you with:

Our maritime, commercial, and transportation law attorneys can advise you on:

Claims for damages

Litigation and settlement in cases of cargo damage, theft, or delay.

Contract Management

Drafting and reviewing logistics agreements.

Insurance matters

Advice on coverage under the carrier’s liability insurance policy.

Right of retention

Advice on retaining goods from delinquent debtors.

Lawyers specializing in maritime, port, and commercial law

The world of logistics and shipping never stops, and neither do the legal challenges that come with it. Whether it involves complex collision cases, cargo damage, or commercial disputes, Yur Advocaten’s Maritime, Port, and Trade practice understands the dynamics of the sector. We speak the language of the port and know that a legal problem has an immediate impact on your operations and cash flow.

At Yur, we don’t believe in voluminous legal opinions that are of little practical use. We offer sharp, pragmatic solutions focused on minimizing risks and maximizing results.

Thanks to our in-depth knowledge of international treaties and Dutch maritime law, we are able to act quickly when it matters most—whether that’s at the dock or in the courtroom.