MAAK Advocaten is a specialised law firm in Amsterdam with proven expertise in transport law (transportrecht), logistics law and international trade law. Our transport law specialists advise and litigate daily for manufacturers, importers, exporters, freight forwarders and logistics service providers active in national and cross-border trade chains. From CMR liability and cargo damage claims to Incoterms advice and international trade disputes, we offer targeted legal guidance that matches your organisation’s specific position in the chain. Our integrated approach combines in-depth sector knowledge with an international network of legal and technical partners, so that your goods flow and commercial interests stay protected worldwide.
What does a Dutch transport law lawyer do and when do you need one in the Netherlands?
A transport law lawyer is a legal specialist who assists organisations with all legal questions surrounding the carriage of goods, logistics contracts and international trade transactions. Our specialised lawyers in Amsterdam advise you on both the preventive recording of agreements and the effective recovery of transport damage, cargo damage and delay damage.
International trade and transport, however, carry considerable legal risks. Delays, cargo damage, loss of goods and disputes over liability can namely disrupt your supply chain directly. Research shows that transport damage causes hundreds of millions of euros in losses in the Netherlands every year, and in most cases both the cause and the liable party can be identified legally. Therefore, timely legal advice on transport problems is essential. You need a specialised transport law lawyer when:
- There is transport damage, loss or theft of goods.
- A carrier or freight forwarder rejects or limits liability on the basis of the CMR Convention.
- You want to draft or review a logistics contract or contract of carriage.
- A cargo damage claim threatens or has already been filed.
- You are unsure about the correct Incoterms choice for international deliveries.
- There is a dispute over responsibility in multimodal transport.
- A foreign counterparty challenges an international trade agreement.
Would you like to know how MAAK Advocaten can strengthen your transport-law position? Contact us without obligation for a free introductory meeting on +31 (0)20 210 31 38.
How does CMR liability work in international transport damage under Dutch law?
CMR liability (CMR-aansprakelijkheid) is the liability of a road carrier for damage, loss or delay of goods under the CMR Convention (Convention relative au contrat de transport international de Marchandises par Route). It applies to every cross-border road carriage where the country of departure and the country of destination lie in different states.
Under the CMR Convention, the carrier’s liability is, in principle, capped at 8.33 SDR per kilogram of gross weight of the lost or damaged goods. This limitation, however, lapses in cases of intent or wilful recklessness. The limitation period is, in most cases, one year; in cases of fraud or equivalent conduct, a period of three years applies.
In practice, CMR disputes are consequently complex, namely because:
- Carriers regularly invoke force majeure (overmacht) under article 17 CMR.
- The burden of proof for the sender can be heavy in cases of hidden damage.
- Liability limits are contractually raised or lowered by the parties.
- Freight forwarders sometimes rely on their own general terms and conditions (Fenex conditions).
- Subrogation by insurers leads to complex recourse claims (regresvorderingen).
Practical example: a Dutch importer discovers, after arrival of a shipment of electronic components from Germany, that a significant quantity of goods is damaged. The carrier acknowledges the damage but invokes the CMR liability limit. Our transport law lawyers analyse the cargo documents, the CMR consignment note (vrachtbrief) and the insurance policies, and determine whether, and to what extent, the limitation can be challenged on the basis of the carrier’s duty of care.
Are you dealing with a CMR dispute, or would you like your transport contracts reviewed preventively? Our specialised lawyers in Amsterdam are happy to assist.
What are Incoterms and which risks do you run with the wrong choice?
Incoterms (International Commercial Terms) are standard clauses set by the International Chamber of Commerce (ICC) for international trade transactions. They determine the moment at which the risk in the goods passes, who bears the transport costs and who is responsible for customs formalities and insurance.
The most-used Incoterms 2020 clauses in Dutch trade practice are set out below.
| Incoterm | Transfer of risk | Transport costs | Suitable for |
|---|---|---|---|
| EXW (Ex Works) | On collection at the seller’s premises | Fully the buyer | Factory collection |
| FOB (Free on Board) | On loading onto the vessel | Shared | Sea freight (bulk goods) |
| CIF (Cost, Insurance, Freight) | On loading onto the vessel | Seller (up to destination) | Sea freight (insurance included) |
| DDP (Delivered Duty Paid) | On delivery at destination | Fully the seller | Full delivery responsibility |
| DAP (Delivered at Place) | On arrival at the agreed location | Seller (import excluded) | International deliveries |
| FCA (Free Carrier) | On handover to the carrier | Shared | Multimodal transport |
A wrong Incoterms choice ultimately leads to unexpected liability. For example, a Dutch exporter uses EXW for export to China, but afterwards does not realise that this makes it formally responsible for the export customs formalities, something that is practically unworkable for a foreign buyer. Uncertainty about the transfer of risk in the event of loss or damage can also lead to costly disputes over insurance payouts.
Our trade and logistics law lawyers advise you on the optimal Incoterms choice for your specific transactions and ensure that your international delivery contracts are watertight.
How do you legally recover cargo damage or loss of goods in the Netherlands?
Recovering cargo damage (ladingschade) requires a careful approach in which timely protest, correct documentation and knowledge of the applicable transport law are decisive for a successful claim.
The procedure for recovering cargo damage or freight damage usually runs as follows:
- Immediate protest on delivery: visible damage must be noted in writing on the consignment note immediately on delivery. For hidden damage, a period of seven days after delivery applies under the CMR Convention.
- Damage survey: have the damage documented as quickly as possible by an independent survey firm. Photos, weight certificates and cargo documents are namely essential evidence.
- Liability assessment: establish who in the transport chain is liable: the principal carrier, a subcontracted carrier or the freight forwarder. In multimodal transport this is consequently more complex.
- Written claim: submit a formal damage claim to the liable party, with clear substantiation based on the applicable transport convention (CMR, Hague-Visby, Montreal).
- Negotiation or proceedings: if the out-of-court negotiation fails, our transport law lawyers litigate decisively before the competent court or an arbitration institute such as the NAI.
The limitation period for transport damage claims is one year under the CMR Convention. Therefore, do not wait too long. Our specialists in transport law and freight law in Amsterdam are also immediately available for summary proceedings (kort geding) in urgent matters.
Which logistics contracts should your organisation have drafted or reviewed in the Netherlands?
Logistics contracts are legally binding agreements between parties in the transport and distribution chain that record the mutual rights, obligations, liability and allocation of risk in the carriage, storage and handling of goods.
In the manufacturing industry and the logistics sector, the following contracts are most relevant for legal review or drafting:
- Contracts of carriage (national and international road transport, sea freight, air freight).
- Freight-forwarding agreements and freight forwarder contracts, usually based on Fenex conditions.
- Warehousing and storage agreements, including liability for warehouse damage.
- Logistics framework contracts and Service Level Agreements (SLAs) with logistics service providers.
- Trade and supply contracts with international counterparties, with attention to the applicable law and forum selection.
- Distribution hub agreements and cross-docking contracts.
- Incoterms clauses in purchase agreements.
- Insurance policies for transport insurance and goods insurance.
Clear agreements on risk, liability and delivery considerably reduce international transport disputes. However, more than 60% of the transport-law disputes we handle could have been prevented with well-drafted contracts. Our contract and logistics lawyers in Amsterdam review existing agreements for risks and optimisation opportunities and draft tailored contracts and general terms and conditions (algemene voorwaarden) that protect your organisation.
Would you like your logistics contract drafted, or an existing contract reviewed? Contact us for a free introductory meeting.
How does MAAK Advocaten handle international trade disputes?
International trade disputes are complex legal conflicts between parties in different countries over the performance, interpretation or termination of international trade agreements. They namely require in-depth knowledge of both the applicable national law and international conventions and arbitration rules.
As soon as a dispute arises, or threatens, our team analyses your legal position immediately. We map the burden of proof, assess the legal tenability of positions and determine with you the most effective approach. Throughout, we always keep an eye on the bigger picture: your market position, your client relationships and your reputation.
MAAK Advocaten offers assistance with the following types of international trade dispute:
- Commercial arbitration at the ICC, LCIA, NAI and SIAC, as both claimant and defendant.
- Cross-border court proceedings and coordination with local counsel in our international network.
- Disputes over the Vienna Sales Convention (CISG) in international purchase and supply contracts.
- Collection and recovery proceedings, including international attachment on foreign debtors.
- Recognition and enforcement of foreign judgments and arbitral awards in the Netherlands.
- Summary proceedings for urgent commercial interests, such as threatened breach of contract or unlawful competition.
- Evidentiary attachment (bewijsbeslag) and disclosure proceedings to secure evidence.
Practical example: a Dutch manufacturer has a supply contract with an Asian customer. The customer refuses payment on the basis of alleged non-conformity of the delivered goods. MAAK Advocaten analyses the contract for the applicable choice of law and the non-conformity provisions under the CISG, gathers technical documentation as counter-evidence and starts an ICC arbitration procedure. Result: full payment plus reimbursement of legal costs.
Would you like to know which approach is most effective for your international trade dispute? Call us directly on +31 (0)20 210 31 38 or send an email to mail@maak-law.com.
Why do organisations choose MAAK Advocaten for transport and trade law?
MAAK Advocaten distinguishes itself as a specialised law firm for the manufacturing industry in Amsterdam through a unique combination of sector knowledge, legal depth and a proactive approach that goes beyond reactive legal advice.
The six reasons why manufacturers, importers, exporters and logistics service providers choose MAAK:
- Sector expertise in the manufacturing industry: our specialists advise daily on the legal challenges of suppliers, manufacturers, importers, distributors and freight forwarders. That focus on the supply chain makes the difference.
- Integrated approach: our expertise areas, namely product compliance, market access, regulatory litigation, commercial contracting, litigation and logistics, form one integrated service. Consequently, your trade contracts also benefit from our knowledge of product regulation.
- Proactive approach: we not only respond to legal questions, but actively think along with your organisation. We monitor European developments closely and anticipate new regulation.
- International network: our firm has a solid international and European network of technical and legal partners for cross-border matters in, among others, the US, the UK, China, India and Australia.
- Direct access to experienced lawyers: you always have direct contact with an experienced lawyer, no juniors as your point of contact. Clear advice and accessible communication are our standard.
- Proven track record: MAAK Advocaten has a proven track record in complex transport and trade law cases, from CMR proceedings before the Dutch courts to international ICC arbitration.
Which authorities play a role in transport and trade law enforcement in the Netherlands?
In transport and trade law matters in the Netherlands, several regulators and enforcement authorities are namely involved, depending on the specific area of law and the nature of the infringement or dispute.
| Authority | Abbreviation | Domain |
|---|---|---|
| Human Environment and Transport Inspectorate | ILT | Transport, hazardous substances, environment |
| Dutch Customs | Customs | Import control, customs compliance, trade restrictions |
| Netherlands Labour Authority | NLA | Occupational safety, machinery, personal protective equipment |
| Netherlands Food and Consumer Product Safety Authority | NVWA | Product safety, food, consumer protection |
| European Commission / DG GROW | EC | Market surveillance coordination, RAPEX/Safety Gate |
| National and international arbitration institutes | NAI, ICC, LCIA | Trade disputes and transport arbitration |
MAAK Advocaten represents you both before the Dutch courts and regulators and before international arbitration institutes. We are in regular contact with the ILT, Customs and the NVWA and know the procedures, deadlines and strategic considerations that make the difference in enforcement matters.
Frequently asked questions about transport law and international trade in the Netherlands
What is CMR liability in transport damage?
CMR liability is the statutory liability of a road carrier for damage, loss or delay of goods under the CMR Convention. Compensation is, in most cases, capped at 8.33 SDR per kilogram of gross weight. In cases of intent or wilful recklessness, however, this limitation lapses.
What does a lawyer cost in transport damage or cargo damage cases?
MAAK Advocaten offers a free introductory meeting. The costs depend on the complexity of the case. Contact us on +31 (0)20 210 31 38 for a no-obligation estimate.
How long do proceedings in transport disputes take in the Netherlands?
A summary procedure (kort geding) usually takes two to six weeks. A full civil trial (bodemprocedure) before the Dutch courts takes on average twelve to twenty-four months. International arbitration (ICC, NAI) usually takes twelve to eighteen months.
Which carrier is liable in multimodal transport?
In multimodal transport, liability depends on the leg where the damage arose: road transport falls under the CMR, sea freight under the Hague-Visby Rules and air freight under the Montreal Convention. If the leg where the damage arose cannot be established, the rules of the most onerous regime apply in the Netherlands.
When can I, as a sender, file a transport claim?
As a sender or importer, you can file a claim for damage, loss or serious delay. Under the CMR Convention, visible damage requires immediate protest on delivery; hidden damage has a protest period of seven days. The limitation period for CMR claims is one year, or three years in cases of intent or wilful recklessness.
What are the Fenex conditions and do they always apply to freight forwarders?
The Fenex conditions (Dutch freight-forwarding conditions) are general terms and conditions of Dutch freight forwarders that limit the forwarder’s liability. They apply only where they have been validly declared applicable. In practice, they are consequently not automatic; valid applicability requires a timely and unambiguous reference.
