Maritime lawyer in Almaty — carriage of goods by sea, bills of lading and disputes with carriers

Maritime lawyer reviews transport documents with a logistician in Almaty
  • We review contracts of carriage, charter and freight forwarding
  • We handle disputes over loss, shortage and damage of cargo
  • We calculate demurrage and challenge unjustified downtime
  • We work with cargo insurance and insurers' refusals
Maritime and transport law

We work with cargo owners, freight forwarders and transport companies

Caspian routes, multimodal carriage and transit through ports

We read the bill of lading and charter before signing — that is where liability limits and deadlines are

We handle claims against carriers, ports and terminals

We review insurers' refusals on cargo and challenge them

We support foreign trade contracts with a transport element

Maritime lawyer Yerlan Sagintayev

Send us the bill of lading, the carriage contract and the acts — we will tell you who is liable in your situation, which time limits are already running and what amount you can expect. Review of the documents is free.

  • 13years
    of corporate practice
    Contracts, supplies, transport, disputes with counterparties
  • 1year
    limitation period
    For claims arising from carriage by sea it is short — we calculate it straight away
  • 3days
    to review a full set
    Bill of lading, contract, acts, correspondence
  • 70+
    transport disputes
    Cargo, demurrage, insurance, freight forwarding

Cargo lost or damaged

Shortage, spoilage, total loss of a consignment. We work out who is liable at which stage and file the claim within the time limit.

Review of the bill of lading and charter party

We read the documents before shipment: limits of liability, clauses, applicable law, dispute resolution procedure.

Demurrage and detention

The carrier or terminal has charged for demurrage. We check the laytime calculation and whether the charges are justified.

Delay in delivery

The vessel was late, the cargo arrived after the season or after the deadline under the contract. We work out liability and losses.

Dispute with a freight forwarder

Who is liable in multimodal carriage if the cargo was damaged at the junction between modes of transport and the boundaries of liability are blurred.

Insurer's refusal

The insurer refused, citing exclusions or a breach of the carriage terms. We challenge the refusal and pursue payment.

Cargo detention

The cargo is held at a port or terminal because of debts, documents or disputes. We work to secure its release.

Transport section of the contract

We draft and amend delivery terms in foreign trade contracts: the basis, the point at which risk passes, insurance, and liability for failure to ship.

Send us the documents — a maritime lawyer will tell you who to claim against and by when

The review of the document set is free. In maritime carriage, the deadlines for a claim and for court proceedings are short, so the first thing we tell you is the date after which a claim can no longer be brought.

  • Cargo did not arrive
  • Shortage and damage
  • Delay in delivery
  • Demurrage charged
  • Dispute with the freight forwarder
  • Insurer's refusal
  • Cargo is being held
  • Drafting the contract

Cost

What our services cost maritime lawyer

One-off tasks are priced by the volume of documents, and disputes by the amount claimed and the place of resolution. Foreign applicable law and proceedings abroad are priced separately.

Service What is included Cost
Review of the document set Who is liable and which deadlines are running free of charge
Legal opinion on carriage A written analysis of liability and risks from 55,000 ₸
Review of the bill of lading and contract Exceptions, limits, applicable law from 60,000 ₸
Claim against the carrier Preparation with calculation and annexes from 80,000 ₸
Calculation of demurrage and detention Review of laytime and charges from 70,000 ₸
Dispute over shortage and damage Conduct of the case through to decision from 230,000 ₸
Dealing with an insurer's refusal Challenge and claim for payment from 140,000 ₸
Release of detained cargo Urgent work with the port and terminal from 190,000 ₸
Transport terms of a foreign trade contract Basis, risks, insurance, liability from 100,000 ₸
Dispute with a freight forwarder Allocation of liability at each stage from 180,000 ₸
Support with shipments Ongoing review of transaction documents from 210,000 ₸/month
Dispute abroad Coordination with foreign lawyers by agreement

The ranges are indicative and do not constitute a public offer. State duty, surveyor inspections, expert examinations, translations and notarial acts are paid separately.

How it works maritime lawyer: from documents to compensation received

We calculate the deadlines

Claims arising from carriage have short deadlines, and some of them are pre-action claim deadlines. A missed deadline closes the door to a dispute regardless of who is in the right.

We read the bill of lading

It is not just a receipt for the cargo: it sets out the carrier's limits of liability, reservations about the condition of the cargo, the applicable law and the place where disputes are resolved.

We look at the reservations

The carrier's notes on the condition of the packaging and cargo on acceptance decide half of the future dispute. A clean bill of lading and a bill of lading with reservations are two different positions.

We distinguish the stages

In multimodal carriage it is important to establish at which leg the damage occurred: this determines both the defendant and the applicable rules.

We record the damage

Reports, photographs, a surveyor's inspection, weighing. The inspection is carried out on delivery of the cargo — afterwards it is almost impossible to prove its condition at the time of handover.

We calculate the claim

The value of the cargo, inspection and storage costs, losses from a failed delivery. We separately check whether the carrier's limit of liability applies.

We file the claim

To the carrier, the freight forwarder and the insurer — depending on what the analysis shows. Often the claim is sent to several addressees at once.

We conduct the dispute

In court or in the manner agreed by the parties. If the applicable law is foreign, we coordinate the work with lawyers in the relevant jurisdiction.

Cargo damaged but the clock is already ticking?

Send the bill of lading and the reports via WhatsApp — we will tell you today who to claim against and by what date.

Describe your situation

Team

Team of lawyers in Almaty

We handle a case from start to finish with the same team: you always know who is dealing with your matter and who to contact.

Asel Kurmanova — Lawyer for civil cases

Asel Kurmanova

Lawyer for civil cases

Handles disputes over real estate, inheritance, contracts and transactions. Supports transactions from document review through to registration of title.

  • 14 years of practice
  • Civil and housing disputes
  • Kazakh and Russian languages
Dmitry Kim — Lawyer for financial and motor vehicle disputes

Dmitry Kim

Lawyer for financial and motor vehicle disputes

Works with banks, insurers and debt collectors, handles recovery and bankruptcy cases, and defends drivers in administrative matters.

  • 11 years of practice
  • Banks, insurers, motor vehicle disputes
  • Pre-trial settlement
Gulnara Abisheva — Lawyer for family and social matters

Gulnara Abisheva

Lawyer for family and social matters

Handles divorces, division of property, alimony and disputes over children, as well as employment, pension and social issues.

  • 9 years of practice
  • Family and employment disputes
  • Work with guardianship authorities
Yerlan Sagintayev — Lawyer for corporate law

Yerlan Sagintayev

Lawyer for corporate law

Supports company transactions, arranges shares and corporate agreements, handles disputes between participants and reorganisation.

  • 13 years of practice
  • Transactions, shares, corporate disputes
  • Support for investment rounds
Aigerim Nurlanova — Tax lawyer

Aigerim Nurlanova

Tax lawyer

Challenges notifications and inspection reports, handles tax disputes in court, supports inspections and recovers overpayments.

  • 10 years of practice
  • Inspections and tax disputes
  • Working with the client's accounting records
Viktor Li — Construction and contract lawyer

Viktor Li

Construction and contract lawyer

Reviews contract agreements, estimates and acts, handles disputes over quality and scope of works, supports acceptance of facilities.

  • 12 years of practice
  • Contracting, shared participation, acceptance
  • Working with construction expertise
Madina Ospanova — Intellectual property and IT lawyer

Madina Ospanova

Intellectual property and IT lawyer

Protects copyright and trademarks, drafts contracts for IT teams and handles rights to products and code.

  • 8 years of practice
  • Copyright, trademarks
  • Contracts for IT and studios
Sanzhar Ibraev — Bankruptcy and debt recovery lawyer

Sanzhar Ibraev

Bankruptcy and debt recovery lawyer

Handles bankruptcy and rehabilitation procedures, recovers receivables, defends directors against subsidiary liability.

  • 15 years of practice
  • Bankruptcy, rehabilitation, debt recovery
  • S

Practice

Recent case stories from our lawyers in Almaty

Details have been changed and anonymised: the content of the case is protected by professional privilege.

Cargo damage

A consignment of equipment arrived with corrosion — we recovered the full amount

Situation
The company imported production equipment worth 94 million tenge by sea through a Caspian port with subsequent road delivery. On acceptance at the warehouse, corrosion of components from moisture ingress was discovered. The carrier relied on a clean bill of lading and on the fact that the damage had occurred after unloading.
What we did
We arranged a survey inspection before opening the entire consignment and recorded the nature of the damage, which indicated prolonged exposure to moisture in transit. We obtained the documents on the condition of the packaging at loading, the temperature regime and the securing conditions. We submitted claims to the carrier and at the same time declared the loss to the insurer.
Outcome
The insurer paid indemnity in the amount of 94 million tenge. The right of claim against the carrier passed to the insurer by way of subrogation, the client received the money within four months and did not participate in the further dispute.
Demurrage

Laytime counted with weekends — the sum fell threefold

Situation
The cargo owner was invoiced for laytime in the amount of 11.4 million tenge. The calculation had been made by calendar days from the date of the notice of readiness until completion of unloading, without regard to the terms of the contract on how laytime is counted.
What we did
We obtained the terms of the contract and established that laytime does not run on weekends or during periods when unloading is impossible for reasons attributable to the terminal. We prepared a day-by-day calculation with supporting documents on the actual progress of the work and on the stoppages.
Outcome
The justified amount was 3.6 million tenge instead of 11.4 million. The difference was settled without proceedings, and the method of calculation was expressly fixed in subsequent contracts.
Shortage

Shortage of bulk cargo: the dispute was decided by the method of measurement

Situation
On unloading of a consignment of bulk cargo, a shortage of about 3% of the shipped weight was identified. The carrier relied on natural loss and on measurement error. The value of the missing cargo was 7.8 million tenge.
What we did
We compared the methods of determining weight at loading and at unloading: in the first case one method was used, in the second another, with a different margin of error. We engaged a specialist to assess the permissible discrepancies and showed that the difference exceeded both the margin of error and the norms of natural loss for that cargo and route.
Outcome
The carrier compensated 5.9 million tenge pre-trial. In subsequent shipments a single method of determining weight at both ends of the route was agreed.
Freight forwarder

The cargo was damaged at the junction between modes of transport — we found the party responsible

Situation
Multimodal carriage: sea, then road. The cargo arrived damaged, but each participant pointed to another. The freight forwarder claimed that it was merely the organiser and bore no liability for the safety of the cargo, although the contract had been concluded with it. The amount of damage was 22 million tenge.
What we did
We analysed the contract with the freight forwarder and established that it had assumed an obligation to deliver, and not merely to organise, which changes the scope of liability. In parallel, from the transhipment documents we established that the damage had occurred during transhipment at the port, and recorded this in reports.
Outcome
The freight forwarder compensated the damage in full and subsequently pursued claims against the terminal itself. The client received the money without participating in the dispute between the parties to the carriage.
Insurance

The insurer refused because of the packaging — we challenged the refusal

Situation
The insurer refused to pay 31 million tenge, citing improper packaging of the cargo as an exclusion from cover. The packaging, however, complied with ordinary practice for that type of goods, and the damage had been caused by shifting of the cargo during rolling.
What we did
We gathered evidence that the packaging complied with ordinary requirements: the manufacturer's specification, the practice of previous shipments of the same goods by the same route, and a specialist's opinion. We showed that the cause was a failure to secure the cargo, not the packaging, and that the exclusion had been applied expansively.
Outcome
The insurer reconsidered the decision and paid the indemnity in full after the second claim. No court proceedings were required.
Detention of cargo

The cargo was held for a third party's debt

Situation
A consignment of goods was held at the terminal because of a debt owed by the freight forwarder hired by the cargo owner. There were no claims against the cargo owner itself, but the goods were not released, and storage costs were accruing daily. The delay threatened to derail the contract with the buyer.
What we did
We examined the grounds for the detention and showed that the cargo belonged to the client, while the obligations on which the detention was based had arisen with another party. We sent a demand for release, pointing out the unlawfulness of the detention and the losses that were continuing to accrue, and at the same time prepared interim measures.
Outcome
The cargo was released after eight days, and the storage costs for the period of unlawful detention were waived. The contract with the buyer was performed with minimal delay.
Limitation period

The claim almost lapsed because of a short deadline

Situation
For more than six months the company corresponded with the carrier about compensation for damage, receiving promises that the matter would be considered. By the time they approached us, less than a month remained before the deadline for filing a claim, and the full set of documents had not been assembled.
What we did
We explained that for claims arising from carriage the limitation period is shorter than the general one and that correspondence by itself does not extend it. We urgently assembled the available documents, filed the claim within the deadline and applied for orders requiring the carrier and the terminal to produce the missing documents.
Outcome
The claim was accepted and the documents were ordered by the court to be produced. The dispute ended in a settlement agreement with payment of 68% of the claimed amount. Had the client missed the deadline, they would have received nothing.
Contract

The delivery basis did not match the actual carriage arrangements

Situation
The company signed a foreign trade contract in which the delivery basis assumed that risk passed at one point, while the actual logistics were structured differently. At the first problem with the cargo it emerged that risk had passed to the buyer earlier than the buyer believed, and that the insurance had been taken out by the wrong party.
What we did
We examined the discrepancy between the contract terms and the actual arrangements, renegotiated the basis with the counterparty and brought the insurance into line: the policyholder became the party bearing the risk at the relevant stage. At the same time we set out the procedure for dealing with damage to the cargo and the notification deadlines.
Outcome
The next twelve shipments went through without any disputed situations. In one case of damage to the cargo, compensation was received under the insurance within six weeks thanks to the procedure for recording the damage that had been set out in advance.

Useful information

Maritime lawyer in Almaty: bill of lading, carrier liability, demurrage

Cargo from the port of Aktau or Kuryk did not arrive on time, arrived damaged or did not arrive at all, and in correspondence the carrier refers to a storm, force majeure and its limited liability. At the same time the port issues an invoice for vessel idle time, and the cargo owner signs documents so as not to lose what remains of the cargo. In such a situation every signature and every letter works either for the claim or against it.

The main mistakes made by cargo owners are almost always the same: the condition of the cargo is recorded too late, the bill of lading is accepted blindly, demurrage is paid to the port without analysing the causes of the idle time, and the insurer learns of the incident too late. A maritime lawyer comes in at precisely this stage, to gather the evidence before it disappears and to determine correctly to whom and on what basis the claim should be brought.

Cargo lost or delayed: when a maritime lawyer is needed

Cargo from Almaty that has gone through the Caspian may get stuck in Aktau or Kuryk, arrive damaged or not arrive at all. In such a situation the carrier often refers to a storm, the actions of the port or "force majeure", and the cargo owner is left without compensation. What has to be dealt with is not general arguments but a specific set of documents: the bill of lading, a statement of damage or shortage, notice to the carrier, correspondence with the agent at the port.

A maritime lawyer is needed here not for "negotiations in general", but to record the facts in time and to classify the dispute correctly: whether this is loss, damage or delay of the cargo. That determines which rules of merchant shipping apply, which deadlines must not be missed and what evidence must be gathered before the traces disappear.

  • The bill of lading and all transport documents for the voyage.
  • Port statements, a surveyor's report, photographs and video of the cargo.
  • Notice to the carrier and its response.
  • Correspondence with the freight forwarder and agent in Aktau or Kuryk.
What to check first
Situation Key document What we record
Cargo lost Bill of lading, port report Who the holder is, where the cargo was unloaded
Cargo damaged Inspection report, surveyor Nature and extent of damage
Cargo detained Notices, correspondence Reason for the delay and the port's demands
Carrier is silent Claim and proof of delivery Date and fact of the application

Without these documents, the dispute becomes one word against another.

Maritime lawyer and the Law on Merchant Shipping

Maritime carriage in Kazakhstan is governed by the Law of the Republic of Kazakhstan on Merchant Shipping. This is the main document a maritime lawyer relies on when handling a dispute between a cargo owner, a freight forwarder and a carrier. The Law sets the framework: who is considered the carrier, which documents confirm the contract, how risk is allocated between the parties.

For a cargo owner from Almaty, this framework matters because it determines the scope of rights in case of loss, damage or delay of cargo. The freight forwarder is responsible for organising carriage, the carrier — for the cargo itself from the moment of acceptance until delivery. If the vessel sails across the Caspian and through the port of Aktau, the dispute is still resolved under Kazakhstan law.

  • who is recognised as the carrier and what duties they have
  • how a contract of maritime carriage is confirmed
  • at what point risk passes to the carrier
  • limits of liability and grounds for exemption from it

Bill of Lading: what a maritime lawyer looks at first in the document

The bill of lading confirms acceptance of the cargo by the carrier and sets out the terms of carriage, so a maritime lawyer reads it in full first, not just the header. They look at what exactly is recorded about the cargo: number of packages, weight, marking, condition of packaging, type of cargo, port of loading and discharge, name of the carrier and date of acceptance.

The carrier's reservations and discrepancies between the bill of lading and the actual consignment are checked separately. If the document bears a note about damage, shortage or disputed condition of the cargo, the carrier is shifting part of the risk onto others in advance, and the dispute moves towards what happened before loading. When discrepancies come to light on delivery of the cargo, it is the bill of lading that determines who proves what.

  • reservations about the condition of the cargo and packaging
  • discrepancies in the number of packages and weight
  • terms of carriage and carrier's reservations
  • details of the port of loading and discharge

Carrier's liability for cargo through the eyes of a maritime lawyer

The legal period during which the carrier is answerable for the cargo begins when it is accepted and ends when it is delivered. In practice this means that if the cargo has disappeared, been damaged or delayed at the port or on the vessel, the cargo owner's claim is addressed to the carrier, not only to the port or the freight forwarder. A maritime lawyer in Almaty first establishes whether the particular incident falls within that time frame.

The liability of a sea carrier is not unlimited. It may be limited by law and by the bill of lading: it is usually not possible to agree to terms below the limits set by law, but the parties often include additional conditions in the document that narrow the cargo owner's options. This is critical for claims: the wording determines whether it will be possible to recover the full value of the lost cargo or only part of it.

  • The moment of acceptance of the cargo is recorded in the bill of lading, the tally receipt or the loading report.
  • Delivery of the cargo is confirmed by the consignee's signature or a port mark.
  • Limitations in the bill of lading: reservations about the condition of the cargo, limits and jurisdiction for the dispute.
  • The statutory limits of liability apply even if the document does not mention them.

Maritime lawyer on demurrage: vessel idle time and the port's claims

Demurrage is a charge for keeping a vessel idle beyond the agreed loading or unloading time. It is charged by the port, terminal or carrier under the terms of the contract of carriage by sea, the port tariffs or port custom. The basis is usually set out in the bill of lading, the charter party or the loading order. If the cargo was delayed through the fault of the cargo owner, the invoice is issued to them.

A demurrage dispute almost always comes down to the facts: who provided the vessel and when, how long loading took, whose inaction caused the idle time, which documents recorded the time. The following documents are checked:

  • time sheets and statements of laytime;
  • notices of readiness of the vessel for cargo operations;
  • the terms of the charter party or bill of lading on laytime and demurrage;
  • correspondence with the agent, the port and the carrier;
  • evidence that the idle time was caused by the actions of the port itself.

Limitation period for carriage by sea: one year and the role of a maritime law lawyer

Claims arising out of the carriage of goods by sea are subject to a shortened limitation period — one year. This means that the cargo owner, freight forwarder or transport company has exactly one year to submit a claim for damages to the carrier or the port and, if the dispute is not resolved, to go to court. Missing this period nullifies even a strong position: loss of cargo, damage or delay may be confirmed by the bill of lading, reports and correspondence, but if the defendant raises the objection, the court will dismiss the claim solely on the ground of limitation.

A maritime law lawyer first checks when this year began to run and what has been done to interrupt, suspend or restore it. While the period has not expired, the party has time to gather documents, record the losses, send a pre-action claim and prepare the statement of claim. It is also worth remembering that the running of the period depends on a specific date — the day the cargo was delivered, the day the loss became known, or another event.

Cargo insurance: where a maritime lawyer strengthens the position

Cargo insurance and a claim against the carrier run in parallel: the insurer pays under the contract and acquires the right to recover from the party at fault, but the cover amount is often lower than the actual loss — the shortfall is then recovered from the carrier, and here a sound maritime jurisdiction is decisive. In Kazakhstan on the Caspian, cargo often moves under a bill of lading with reservations, and the insurer demands documents the cargo owner simply does not have. A maritime lawyer brings the calculation of losses, the insurance payment and the right of claim into a single justified recovery.

The claim must be filed so that the insurer does not refuse on formalities and the carrier does not close itself off with a liability limit. A lawyer checks that the documents are complete and synchronises the deadlines: the notice, the inspection of the cargo, the calculation of loss, the responses of the port and the carrier. If the compensation is insufficient, the difference is claimed from the carrier under the bill of lading, and the dispute is pursued through a court enforcement officer already in Kazakhstan.

  • copy of the bill of lading and the contract of carriage
  • inspection report or survey report
  • insurance policy and correspondence with the insurer
  • commercial documents: invoice, packing list
  • calculation of losses and correspondence with the carrier

Documents for a maritime lawyer: what a cargo owner should prepare

A dispute arising from carriage by sea requires a full set of written evidence. First of all, prepare the bill of lading: the original or a copy, all copies, including the one retained by the carrier, and its reverse side with the terms. If the cargo moved under a sea waybill or another transport document, attach that as well. Check the marks of the port of loading and unloading, the reservations as to the condition of the cargo and the details of the consignee.

Collect the reports: commercial act, act of damage or shortage, act of vessel demurrage, as well as the survey report and tally sheets. Correspondence with the carrier, port and freight forwarder will be useful, including letters on demurrage and notices of delay, calculations of losses and demurrage, insurance documents. The more complete the set, the more precise the position in the dispute.

What else to attach to the application:

  • Bill of lading and its copies, sea waybill
  • Port reports, commercial act, survey report
  • Correspondence with the carrier, port, freight forwarder
  • Calculation of losses and demurrage
  • Insurance policy and correspondence with the insurer

Maritime lawyer and shipping law lawyer: how the scope of work differs

A shipping law lawyer usually handles a dispute over the application of merchant shipping rules: checks the bill of lading, charter party, limitation periods, allocation of liability between the carrier, port and cargo owner. A maritime lawyer in the broad sense comes in earlier, when the cargo has only just been delayed or lost and the entire line of defence needs to be built from claim to enforcement.

In practice this means support at several levels. A shipping law lawyer prepares the legal position, while a maritime lawyer handles correspondence with the carrier and port, files a claim in a court of Kazakhstan and secures actual recovery through a private or state court enforcement officer.

  • Claims against the carrier, port, freight forwarder
  • Negotiations and recording of losses
  • Claims in the courts of Kazakhstan
  • Enforcement of court acts

Comparison of claims in case of loss, damage and delay of cargo

Loss, damage and delay of cargo differ not only in their consequences, but also in which set of documents must be submitted to the court, and by whom. Below are three typical situations faced by cargo owners and freight forwarders in Almaty on shipments across the Caspian.

The general rule is simple: whoever relies on a fact must prove it. But once the cargo has been accepted for carriage under a bill of lading, the burden shifts: the carrier has to explain why the cargo was not delivered intact or on time.

  • For loss of cargo, the key documents are the bill of lading and the act recording that the cargo did not arrive at the port of destination.
  • For damage, it is an inspection report drawn up with a surveyor present, together with photographic evidence.
  • For delay, it is a notice of readiness, the timesheet and correspondence about the vessel's demurrage.
What to prove and what to prove it with
Situation Who proves it Key documents
Loss of cargo The carrier — that the loss was not its fault Bill of lading, act of non-arrival, discharge records
Damage to cargo The cargo owner — the fact and extent of the damage Inspection report, surveyor's report, photos, bill of lading
Delay in delivery The cargo owner — the delay; the carrier — that it was justified Notice of readiness, timesheet, correspondence, bill of lading

The nature of the cargo is stated in the bill of lading and affects the set of evidence required.

Typical mistakes a cargo owner makes before turning to a maritime lawyer

The most costly mistake is collecting evidence too late. Notice to the carrier of loss, damage or delay of cargo must be sent as soon as the problem becomes known, and proof of delivery must be kept: an acknowledgement of receipt, a postal receipt, a reply to the letter. If you limit yourself to phone calls and messages in a messenger without any record, it will be difficult to prove that the carrier knew about the claim.

The second group of mistakes concerns documents and deadlines. Do not sign a discharge or delivery act without reservations about shortages, damage and signs of tampering — later such an act will become the main argument against you. Do not pay demurrage without checking the grounds on which it was charged and the time of demurrage according to the timesheet, and do not delay filing a claim: claims arising from carriage by sea are subject to a one-year limitation period, and missing it closes the dispute for good. What most often undermines the cargo owner's position:

  • The act was signed without any remarks about the condition of the cargo and the seals
  • No notice was sent to the carrier, or there is no proof of delivery
  • The demurrage invoice was paid without checking the loading and discharge times
  • The correspondence was conducted in a messenger and was not saved

Experience of a maritime lawyer in disputes arising from carriage across the Caspian

A dispute over cargo that travelled through Aktau or Kuryk is more complex than an ordinary transport case. Here it is almost always multimodal carriage: by sea to a Kazakh port, then by rail or road to Almaty or another city. Loss or damage could have occurred on any leg of the route, and the question of who is liable is decided by the documents of each stage.

The second layer is the foreign port of loading. The bill of lading is often issued by a foreign carrier, agent or liner representative, and the applicable law and place of dispute resolution are stated in the document itself. Until the law and jurisdiction are determined, any claim may be brought against the wrong party. The experience of a maritime lawyer in such cases is the ability to break the route down into stages and understand exactly where the cargo left the carrier's control:

  • the port of loading abroad and its agent
  • the sea leg to Aktau or Kuryk
  • transhipment and storage at the port
  • the land leg to the consignee's warehouse

The most costly thing in a maritime dispute is not the loss itself but time: while negotiations are ongoing and documents are being signed, traces of damage to the cargo disappear and the limitation period for the claim runs out. The decision to instruct a maritime law lawyer is taken not after the carrier's refusal, but in the first days after the incident.

Reviews

Reviews of the maritime lawyer's work

4.9
Google
4.9  · 128
Yandex
4.8  · 94
2GIS
4.9  · 156
Zoon
4.7  · 41
Caspian Logistics LLP

Equipment worth 94 million arrived with corrosion, and the carrier pointed to a clean bill of lading. Asel got involved straight away, the survey was carried out on time, and we received the insurance payout in four months. After that the insurer dealt with the carrier itself

Service: Maritime lawyer in Almaty

Askhat N.

We were billed demurrage of 11.4 million. They recalculated it under the contract, excluding weekends and terminal downtime, and it came down to 3.6. I would have just paid it.

Service: Maritime lawyer in Almaty

Irina K.

My cargo was held up at the port, the carrier kept feeding me promises, I didn't know where to run anymore. Found this firm by reviews, went for a consultation. They took me without an appointment, listened, looked at the documents. Thanks, they figured it out fast and explained clearly, I even wrote down what to do next. Very happy I didn't have to go in circles. Of course I'd have liked them to answer the first call right away, but after that everything went smoothly

Service: Maritime lawyer in Almaty

Company response

Thank you for the review, Irina. We are glad we could help and that the analysis was clear. As for the calls, we will take it on board so that we respond faster.

Bauyrzhan T.

I came to them with a shortage of bulk cargo, and the carrier kept blaming natural loss and insisting that was just how it is. At first I tried writing to them myself, but I only got brush-offs, so I decided to look for a lawyer. It turned out that the cargo was measured by different methods at loading and unloading, and that was what caused the whole shortage. They laid it all out for me document by document and explained exactly where the discrepancy was. After that everything went more calmly and I stopped worrying. The carrier resisted at first, but then agreed. They recovered 5.9 million. I am glad I got in touch, I would never have untangled this myself

Service: Maritime lawyer in Almaty

Trans Union LLP

The cargo arrived damaged, and the freight forwarder said he was only the organiser and not responsible for anything. Under the contract it turned out he had undertaken to deliver it, and he compensated the full 22 million himself. Aigerim laid it all out, I just had to wait a couple of days for an answer and bring in some documents, but the result was worth it

Service: Maritime lawyer in Almaty

Company response

Thank you for writing. We are glad the matter was resolved and the forwarder compensated the amount. We apologise for the wait for an answer.

Dmitry S.

The insurer refused, citing the packaging. We gathered evidence that the packaging was normal for this kind of goods and the problem was the securing, and they paid out 31 million after the second claim

Service: Maritime lawyer in Almaty

Company response

Thank you for the review. Good that we managed to prove the cause and secure the payout.

Gulnara B.

I came in when the cargo was being held at the terminal over our own forwarder's debts, and I had no idea what to do at all. They got it released in eight days and had the storage charges for that period waived

Service: Maritime lawyer in Almaty

Yerlan M.

I spent six months exchanging letters with the carrier, but I did not know the limitation period was so short. Sanzhar told me about it in time. In the last few weeks we made it. We got 68 per cent under a settlement. Thank you, you helped a lot

Service: Maritime lawyer in Almaty

Viktor Zh.

They explained that our delivery basis did not match the actual logistics and that the wrong party was insured. Asel redid everything, and twelve shipments went through cleanly. I did have to wait a couple of days for an answer, but that is a minor thing

Service: Maritime lawyer in Almaty

Aliya R.

When our cargo got stuck, I went round several lawyers and almost none of them spoke plainly about the deadlines. Here they told me about the deadlines straight away, and that turned out to be more important than everything else. I did not fully understand it at the time, but later it all came together. We managed to file on time, and the case got moving. Honestly, that is what saved me. Good that they told me about the deadlines right away. It turned out to be more important than everything else. Now I tell everyone I know not to delay

Service: Maritime lawyer in Almaty

Marat O.

They read the bill of lading carefully and found a clause on applicable law that we had no idea about. Gulnara showed and explained everything

Service: Maritime lawyer in Almaty

Saule D.

We had cargo that was unloaded with damage, and I didn't know what to do with the documents. First time dealing with something like this, so I was looking for a lawyer. They told me not to sign blank documents on exit but to make a note of the damage. That's what ended up solving it. Thank you so much

Service: Maritime lawyer in Almaty

IE Zhumabayev

We work on the transport part of our contracts on an ongoing basis, and there are noticeably fewer disputes now. I came here after one shipment was detained and we lost money and time. That's when I realised I needed a lawyer who understands transport. Everything was explained calmly, without unnecessary words. First they went through our contracts, then helped structure the documents so there would be fewer grounds for disputes. Now I get in touch for every new delivery. They respond quickly, no waffle. Since then, claims from carriers have dropped several times over. I recommend them to fellow business owners

Service: Maritime lawyer in Almaty

Natalya F.

When the cargo arrived damaged, I was sure we would recover the full value, but I was honestly warned that the carrier's liability limit is lower than the value of the cargo and without insurance not everything would be recovered. At first it was unpleasant to hear. But it's better to know this in advance than to be disappointed later. They explained how it works and advised me to insure the next deliveries. I did. It became calmer once I understood what to expect. Now I insure everything in advance. Better to know in advance

Service: Maritime lawyer in Almaty

Ayan Sh.

I came when the cargo went missing and no one admitted fault, I didn't know who to turn to anymore. Madina didn't wait to find out who was to blame, the claim was sent straight away to the carrier, the freight forwarder and the insurer. No time was lost

Service: Maritime lawyer in Almaty

Kamila G.

Professional, without unnecessary promises. Sanzhar calmly went through everything and didn't promise the earth

Service: Maritime lawyer in Almaty

Company response

Thank you for the review. We try to work honestly and without unnecessary words.

Timur Ye.

I came when part of the cargo arrived damaged and the carrier started arguing. They organised a surveyor the same day, otherwise there would have been no way to prove it

Service: Maritime lawyer in Almaty

Company response

Thank you for getting in touch. Glad we managed to record everything in time.

Zhanna P.

Multimodal transport is a story of its own, and they understand it. They found on which leg the damage occurred

Service: Maritime lawyer in Almaty

Company response

Thank you for the review. Glad we could work out exactly where the damage occurred.

Ruslan Y.

Грузім шетелде жоғалып, қайдан бастауды білмедім, сондықтан кеңес сұрап келдім. Спор шетел құқығы бойынша жүрді. Маған бірден айтып, сол жақтағы заңгерлерді қосты. Уақытты созбады, бәрі тез болды. Көмектеріңізге рахмет

Service: Maritime lawyer in Almaty

Olga L.

The document review is free and it really is, no one asked for money in advance

Service: Maritime lawyer in Almaty

Company response

Thank you for the review. Yes, our document review is free, do get in touch.

Daniyar V.

I came back a second time about cargo, the first time everything was resolved and I returned. They work quickly, which is the most important thing in logistics

Service: Maritime lawyer in Almaty

Aigul Kh.

I came when the cargo got stuck and the contract was on fire, deadlines were pressing from all sides. They helped, we made it in time

Service: Maritime lawyer in Almaty

FAQ

Kazakhstan has no access to the open sea. Why have a maritime lawyer here?

The Caspian route and the sea leg in multimodal carriage. Cargo travels by sea to a port, then onward by road or rail — and the sea leg has its own rules: special documents, limits on the carrier's liability, short deadlines. Our clients are cargo owners, freight forwarders and transport companies.

How much time is there to submit a claim?

Less than in ordinary contractual disputes, and some of the deadlines are pre-action: the carrier must be notified within a period counted in days after delivery of the cargo. Correspondence with the carrier does not extend the deadline. That is why the first thing we name is the date after which a claim can no longer be submitted.

What is a clean bill of lading and why does it matter?

It is a bill of lading without reservations as to the condition of the cargo and packaging at the time of receipt. It means the carrier accepted the cargo as externally sound, and therefore complicates its position in a dispute over damage. If the cargo is accepted with defects in the packaging, a reservation must be entered — otherwise the damage will be attributed to the period of carriage or, conversely, to its original condition.

The cargo arrived damaged. What should be done first?

Do not sign clean documents on delivery: discrepancies are recorded by a clause in the report. Then a surveyor's inspection with a representative of the carrier or terminal present, photographs of the packaging, seals and securing before the consignment is opened, and written notice within the deadline. Later it is practically impossible to prove the condition at the time of delivery.

Will the carrier reimburse the full value of the cargo?

Not necessarily. Limits of liability apply in carriage, and compensation is often noticeably lower than the actual value. That is precisely why cargo insurance is not an option but a way to cover the difference. We always look at the policy alongside the claim against the carrier.

Who is liable if the cargo was damaged in multimodal carriage?

It depends on which leg the damage occurred on and how the relationship with the freight forwarder is documented. A freight forwarder may be merely an organiser, or may have assumed an obligation to deliver the cargo — in which case it is liable for its safety as a carrier. The distinction is determined by the contract, not by the company's name.

We have been invoiced for demurrage. Can it be challenged?

It is almost always worth recalculating. Laytime runs not from the vessel's arrival but from the tender of the notice of readiness, and does not run at weekends or during periods when work is impossible for reasons attributable to the terminal. Invoices are often issued on calendar days in the expectation that no one will check.

The insurer refused, citing the packaging. Is that final?

No, such refusals can be challenged if the exclusion has been applied formally. The manufacturer's specification, the practice of previous shipments of the same goods on the same route and an expert opinion all work in your favour. In our practice, insurers reconsidered and paid in full after a second claim.

The cargo is being held because of our freight forwarder's debts. Is that lawful?

Usually not, if the cargo belongs to you and the obligations arose with another party. A demand for release is sent, pointing to the unlawfulness of the retention and to the losses that continue to accrue, while interim measures are prepared in parallel. In our case the cargo was released within eight days and the storage costs were removed.

The contract specifies foreign applicable law. What does that change?

The rules of the dispute and, often, where it is heard. We raise this straight away and coordinate with lawyers in the relevant jurisdiction, rather than finding out halfway through. Sometimes the very presence of such a clause is a reason to renegotiate the terms before the next shipment.

What is included in the free review?

We look at the bill of lading, the contract of carriage, the reports and the correspondence, and tell you: who is liable, which deadlines are already running, whether a limit of liability applies and what sum you can realistically expect. That is enough to decide whether to dispute it or not, before any costs are incurred.

Contacts and maps

Where to find a shipping lawyer in Almaty

Address
1 Abylai Khan Ave, Almaty
Appointments
at the office and by video call, visits around the city
Working hours
Mon–Sun: 10:00–19:00

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Tell us about your situation

The first consultation is free. If the matter can be resolved without court, we will say so directly.

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