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Stockholm Arbitration Report (SAR)

Preview Page SAR 2004 - 1

Observations by Lars Gorton and Johan Schelin

SUBJECT-MATTERS:
(1) Carrier’s vicarious liability under the International Convention on Carriage of Goods by Road (CMR) of 1956; burden of proof.
(2) Carrier’s wilful misconduct under the CMR, standard of evidence. Articles 29.1 and 29.2 CMR.

FINDINGS:
(1) Theft of goods during transport was not carried out by anyone for whom the carrier was liable pursuant to the CMR, Article 29.2.
(2) The carrier was not guilty of gross negligence despite his inability to identify the driver of the trailer in which the computer material had been stored and left unattended for about four hours.

PARTIES:
Claimant: the Insurance Company
Respondent: the Carrier

PLACE OF ARBITRATION: Stockholm, Sweden

LANGUAGE: Swedish

APPLICABLE LAW: Swedish law

NATIONALITY OF ARBITRATOR:
Sole arbitrator: Swedish

AMOUNT IN DISPUTE: EUR 115 1841