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MediMARE Game - Damaged Cargo

MediMARE GAMES are a series of games related to the project's main issues in order to promote the knowledge and reflection about maritime disputes and mediation.

Damaged Cargo

In this game,the player will be able to think about a cargo damaged situation.

When damage is caused to the cargo that was in a container, it is important to define legal liability for loss or damage to goods between all transport members in a Combined Transport or Through Transport Operation. Sometimes it is hard to define when the damage happened since the container is closed during the transportation.

A Buyer in Honduras purchased merchandise from a Turkey producer. The products were sent in a container and went through multimodal transportation from the sellers´ factory until the buyers´ factory (using railroad, maritime and road transportation). All the boxes were packed as fragile, inside a container. The container was not opened all through the way, but when it was opened at the buyers’ place of destination, it contained several damages in the boxes.

In the transportation contract there was a clause stating that any conflict had to first be solved by mediation according to UNCITRAL Mediation Rules 2021 . All the parties’ States are members of the Singapore Convention on Mediation, and it is already in force in their territories.

If you are the buyer, who would you invite into the mediation procedure?