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Arbitration in Transportation Disputes
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,...
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Cargo Theft in Transportation
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...
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Charter Party Agreement in Maritime Law
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...
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Carrier and the Scope of Liability
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...
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What Is Delay in Cargo Delivery?
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...
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Marine Cargo Insurance in Iranian Law
Marine Cargo Insurance in Iranian Law Marine cargo insurance under Iranian law is a form of commercial insurance under which the insurer undertakes to indemnify the insured for loss or damage to cargo, and, in certain structures, related maritime interests, occurring during carriage by sea. Under Iran’s Insurance Law of 1937 and the relevant regulatory...
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Shipping Documents in Maritime Transport
Shipping Documents in Maritime Transport Shipping documents in maritime transport are official legal records that contain detailed information about the carriage of goods, including the conditions of carriage, the identities of the shipper and consignee, the vessel’s details, the port of loading and port of discharge, and the delivery terms. These documents are central to...
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Maritime Transport in Iran
Maritime Transport in Iran Maritime transport is a fundamental pillar of international trade and is recognized in Iran through domestic legislation and, where relevant, international standards referenced in practice. Under Article 1 of the Iranian Maritime Law of 1964, maritime transport refers to the carriage of persons or goods by sea using a vessel. This...
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Carrier Liability for Cargo in Maritime Transport
Carrier Liability for Cargo in Maritime Transport Under Iranian commercial principles, the Hamburg Rules, and widely accepted international maritime practice, a shipping company acting as the maritime carrier is generally required to deliver the shipped cargo to the destination in a safe and sound condition and within the agreed timeframe. The carrier’s responsibility covers the...
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What Is a BLC Contract?
What Is a BLC Contract? A BLC contract, commonly understood as a Buyer’s Letter of Credit, is among the most widely used financial and commercial instruments in international trade. In essence, it is a written undertaking issued by the buyer’s bank under which the bank commits to pay the seller upon presentation of the documents...
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