Arbitration Agreement in a Transportation Contract In international transportation contracts (road, sea, or air), the first step toward resolving disputes through arbitration is to include a clear and well-drafted arbitration agreement in the contract of carriage. This clause should specify the governing law (for example, the laws of Iran or the UNCITRAL framework), the arbitral...Read More

Carriage of Dangerous Goods by Sea Under Iranian maritime legislation and applicable international rules, dangerous goods are items that, if carried improperly, may cause harm to human life, pollution of the marine environment, or damage to the vessel. For the lawful carriage of such goods, the cargo interest must declare the hazardous nature of the...Read More

Freight Forwarder in Iranian Law A freight forwarder is a person who, on behalf of the consignor, undertakes the coordination, organization, and execution of the transportation of goods. This role may involve arranging carriage in-house or outsourcing it to third-party carriers. In Iranian law, the freight forwarder’s function may be analyzed primarily under the general...Read More

Lost Cargo in Transportation Under Iran’s legal framework, lost cargo is generally treated as a breach of the transportation company’s contractual obligations. Under the Iranian Commercial Code and the Civil Code, a transportation company is obliged to safeguard, care for, and deliver the shipment to the consignee in a complete and sound condition. Any failure...Read More

Grounds for Filing a Complaint Against a Transportation Company A complaint against a transportation company may be pursued when the company breaches a contractual obligation or violates an applicable legal duty. Common grounds include delay in delivery, damage to cargo, loss or misdelivery of goods, overcharging or unauthorized fees, failure to perform agreed services, falsification...Read More

Arbitration in Transportation Disputes Arbitration is an alternative dispute resolution mechanism in which the parties, instead of resorting to the courts, agree that one or more arbitrators will adjudicate their dispute. In transportation-related disputes, arbitration has a particularly significant role, especially in international contracts. Article 454 of Iran’s Civil Procedure Code provides that parties may,...Read More

Cargo Theft in Transportation From a legal perspective, cargo theft in transportation refers to the unlawful taking of a shipment by third parties without the owner’s, consignor’s, or carrier’s consent. In international transportation law, this conduct is commonly analyzed as either a breach of the carrier’s custodial obligations or a criminal act committed by external...Read More

Charter Party Agreement in Maritime Law A charter party agreement, also referred to as a ship charter or ship lease agreement, is an arrangement between the vessel owner (or the owner’s lawful representative) and the charterer under which all or part of the vessel’s capacity is leased for the carriage of goods or the performance...Read More

Carrier and the Scope of Liability Under the laws of the Islamic Republic of Iran, a carrier is a person who, by virtue of a contract, undertakes to transport goods from a given point to a specified destination and deliver them. This concept is reflected in Article 377 of the Iranian Commercial Code, which provides...Read More

What Is Delay in Cargo Delivery? A delay in cargo delivery occurs when the goods agreed upon in a carriage contract are delivered to the designated destination after the agreed deadline. Under Article 387 of the Iranian Commercial Code, if a delay in transport causes loss to the cargo owner, the carrier is liable to...Read More