New legal commentary on CMR uncovers Danish and international jurisprudence

Insight, Land Trasnport, Legal, Logistics, Person Profiles, Trade and Commerce — By on November 16, 2017 at 1:15 PM

Ulla Fabricius

The inclusion of additional protocols to the CMR Convention in Danish legislation gave access to the possibility of establishing electronic freight agreements and communications for international road transport in Denmark. Lawyer and partner Ulla Fabricius has prepared a new legal commentary on the CMR Act, which gives an overview of the understanding of the act and practical instructions on how to comply with the act.

For more than 15 years, lawyer and partner at NJORD Law Firm, Ulla Fabricius, has advised national and international transport and insurance companies on all aspects of transport, shipping, and insurance. She has summarized her experience in the Danish written legal commentary Lov om fragtaftaler ved international vejtransport (CMR) published on November 9, 2017, at Djøf Forlag.

Since the previous edition of the legal commentary in 2005, the legislation has changed, and therefore, there has been a huge demand for an updated version of the book. This new release contains, among other things, brand new remarks about electronic freight letters and communications, temperature-controlled transport, gross negligence, and the scope of the law.

It also gives an overall overview of Danish and international rulings, says lawyer Ulla Fabricius:

“My starting point is current Danish legislation. But, as with the previous editions, I have included foreign rulings as well as references to foreign authors – including German rulings, Nordic rulings, and jurisprudence from foreign legal literature.”

 

How the law is to be understood in practical terms
This new release provides a thorough insight into the CMR Act with a particularly detailed section on the understanding of the Additional Protocol under Danish law. The commentary clarifies how the law is to be understood in practical terms and it can be used as a tool to prevent conflicts and resolve disputes between the parties involved in international road transport.

Specific types of liability that have previously raised issues and caused litigation have been given a detailed update with recent case-law. This includes transport of temperature sensitive products – especially medicine – the question of when something is grossly negligent, and the legal significance of the type of agreement that has been agreed on.

These are the very issues Ulla Fabricius has sought to uncover with the legal commentary:

“There have been many ambiguities that have caused unnecessary conflicts and gray hairs in the industry. My goal has therefore been to clarify where the boundaries are and what possibilities the legislation actually provides. “

The legal commentary particularly addresses the dilemma that the law, on the one hand, is indispensable and on the other hand only applies to road transport agreements. This gives the parties considerable scope to regulate their cooperation and thus also their responsibilities.

In addition, the legal commentary reviews the requirements on electronic freight letters, with specific instructions on how to design them and instructions on the rules that apply.

A work tool for problem solving and prevention
The structure in this new edition of the legal commentary has also been changed so it has become much easier to use as a work of reference. The detailed table of contents and the comprehensive index make it easy to look up and use the book to solve specific doubts in specific areas.

After thousands of hours immersed in rulings and paragraphs, Ulla Fabricius welcomes the result:

“It has been a privilege to have the opportunity to study in depth some of the most complex rulings on transport legislation. I hope it will be a valuable reference for everyone in the industry.”

FACTS
Ulla Fabricius: Expert in transport and shipping

  • Named Denmark’s best female expert in shipping and shipping by Expert Guides (Article)
  • Since 2006 appointed as a specialist in transport and logistics by ICC
  • For the fifth consecutive year, awarded the title ‘Leading Individual’ in Shipping and Transport by Legal 500
  • For several years “Notable practitioner” in Chambers within shipping and transport – last time with the following comment: ”Ulla Fabricius has extensive experience in maritime and transport law. She also represents clients in litigation, including cargo claims and contractual disputes and has appeared before the Maritime, High and Supreme Court on numerous occasions.”
  • Special experience in negotiating complex logistics agreements and transport concepts – including Incoterms 2010 and UCP 600
  • External lecturer in transport law at CBS, where she has received the student’s award “The Golden Pointer” for her unique ability to communicate and convey

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