Railcar reweighing: Inmar Legal defends freight forwarder in international shipping dispute

Contractual relations in international shipping often give rise to complex disputes, where each party seeks to shift responsibility to the other side or to third parties. One such case involved railcar reweighing, which became the subject of another legal battle handled by Inmar Legal. This time, the freight forwarder, a long-standing client of the firm, appeared as the claimant.

The dispute arose when Russian Railways (RZD) imposed a fine on the freight forwarder during the transportation of a container with cargo. During transit, the carrier conducted a railcar reweighing, which revealed an excessive imbalance in axle loads. Such a violation is considered a safety risk for train operations and, under the carrier’s internal regulations, is grounds for imposing penalties.

According to Article 98 of the Russian Railway Transport Charter, misrepresentation of cargo information in the transport waybill — including data affecting load distribution and discovered during railcar reweighing — results in a fine equal to five times the freight charge. Since the freight forwarder had issued the transport documentation, the penalties were applied to him.

The freight forwarder filed a claim to recover the fine from the customer, arguing that under the forwarding service agreement, the customer was responsible for providing accurate cargo information. The customer countered, stating that they had not packed the cargo, had no control over the loading, and argued that the freight forwarder failed to verify the shipment before dispatch.

The first instance court sided with the customer and dismissed the claim. However, Inmar Legal appealed the decision. The Fifth Arbitration Court of Appeal established that the cargo was loaded in China by the customer’s foreign counterparty and that the freight forwarder neither had access to the container nor was contractually obliged to perform railcar reweighing.

The court further ruled that the outcome of railcar reweighing alone cannot serve as unconditional grounds for imposing liability on the freight forwarder if fault is not proven.

Thanks to a well-prepared legal strategy and persistence, Inmar Legal succeeded in reversing the initial judgment. The customer was ordered to reimburse the freight forwarder for the fine imposed as a result of the carrier’s railcar reweighing.

This case highlights Inmar Legal’s expertise in resolving disputes in the field of international logistics and railway transportation law, providing effective protection of client interests in complex cross-border matters.