The Legal Status of a Ship Captain Under Iranian Law Under Iran’s maritime legal framework, the captain (master of the vessel) is regarded as the highest executive authority on board and is generally considered the owner’s representative at sea. The captain enjoys specific statutory powers while bearing substantial legal responsibilities expressly recognized by law. The...Read More
Freight Forwarder and Carrier in Transportation Law Within the transportation law framework of the Islamic Republic of Iran, drawing a precise and methodical distinction between freight forwarding and carriage is of substantial importance. Each concept carries distinct legal implications and directly affects contract drafting, liability allocation, and the handling of transportation-related disputes. Freight forwarding, commonly...Read More
Filing a Complaint Against a Transportation Company Under the laws of the Islamic Republic of Iran, a customer or passenger may file a complaint whenever a transportation company fails to comply with its contractual or statutory obligations. Such failures may include delay in performance, damage to or loss of cargo, improper conduct by staff, charging...Read More
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