Global transportation liability regimes, procurement impacts and responsive contract structures
Abstract
Global transportation and logistics is an essential supply chain function in the 21st century. Enterprises must do well to perform or procure this function to achieve other objectives of their supply chain strategy. No sourcing of raw materials, finished goods, inventory management or customer delivery can occur without transportation and logistics. Variance due to the practical risk of loss or damage as goods transit broad geographies is one of the greatest challenges in effectively doing so. For example, harm to goods while in transit directly affects inventory levels as well as production and sale capacity. This paper examines the dominant international conventions for multimodal traffic and comparative US laws for variance in potential monetary recovery in cargo claims. It concludes with a concise summary of those liability regimes together with the contracting practices that often assist in managing global procurement across disparate international laws.
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Author's Biography
Jonathan R. Todd is Vice Chair of the Transportation and Logistics Practice Group at Benesch Law, a US-based law firm, whose practice includes representing clients in international transportation and trade transactions, regulatory compliance and disputes.
J. Philip Nester is a Senior Managing Associate with Benesch Law, who regularly provides strategic legal, commercial and operational guidance to clients across the continuum of participants in the ocean transportation industry in international trade and the domestic trade of the US.
Christopher C. Razek is a Managing Associate with Benesch Law, who regularly assists depositors and warehousemen to navigate commercial and regulatory issues and strategise gaining efficiencies in the market.
Robert Pleines Robert A. Pleines, Jr. is a Managing Associate with Benesch Law, who routinely offers regulatory compliance counselling, operational guidance and negotiation strategies to shippers and surface-based transportation intermediaries and providers.
Megan K. Maccallum is an Associate with Benesch Law, who drafts and negotiates contracts, offers compliance counsel including in international trade, and provides operational guidance to clients across industries and modes from end to end of the supply chain.
Vanessa I. Gomez is an Associate with Benesch Law, who advises clients on trading, transporting and storing goods across the globe.
Citation
Todd, Jonathan R., Nester, J. Philip, Razek, Christopher C., Pleines, Robert, Maccallum, Megan K. and Gomez, Vanessa I. (2025, February 26). Global transportation liability regimes, procurement impacts and responsive contract structures. In the Journal of Supply Chain Management, Logistics and Procurement, Volume 7, Issue 3. https://doi.org/10.69554/QZRU7688.
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