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Can CMR cases be settled by arbitration if there is no express reference to the CMR Convention in the arbitration agreement?

Attorney (Supreme Court)
+45 60 15 58 60

In Denmark, disputes related to CMR transportation are rarely resolved through arbitration. This is due, among other things, to the fact that, in many cases, there may be a need to involve sub-carriers in a liability case concerning cargo damage that occurred during CMR transportation. This would be challenging if arbitration has been agreed upon between the transport customer and the contracting CMR carrier. However, arbitration can be adopted if the arbitration clause states that the dispute will be resolved according to the CMR Convention. The judgment in this case indicates that it may validly be agreed that disputes should be subject to arbitration even if there is no explicit reference to the CMR Convention in the arbitration agreement, if the agreement states that the court will decide the dispute according to legislation corresponding to the CMR Convention

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