A single transport operation may involve exporters, carriers, insurers and markets located in different countries. When cargo is damaged or lost, identifying the applicable legal framework becomes a relevant part of the analysis.
Chile and Peru are States Parties to the Hamburg Rules, the United Nations Convention on the Carriage of Goods by Sea. Chile ratified the Convention in 1982, and it entered into force internationally for the country in 1992. Peru acceded in 2021, and the Convention entered into force for the country on 1 April 2022.
One international framework, different contexts
In an analysis published by RSK in 2024, the firm specifically addressed the differences in how maritime law has developed in Chile and Peru, and how those differences can influence the resolution of cargo-related disputes.
Sharing an international convention does not necessarily mean that all disputes unfold in the same way. Domestic legislation, dispute resolution mechanisms, contractual documentation and the particular features of each operation are also part of the analysis.
The strategy depends on the case
Before bringing a claim or moving to judicial or arbitral proceedings, it is necessary to review elements such as the transport documents, the parties involved, the applicable jurisdiction and the technical evidence of the damage.
For this reason, handling an international claim requires combining legal knowledge with an understanding of the logistics operation.
In its analysis of Chile and Peru, RSK specifically argues that the interpretation of the rules and knowledge of the local context are important tools in seeking appropriate solutions to disputes arising from maritime transport.