Force Majeure: A fascinating topic not only for lawyers
Lively discussions at this year's Swiss Shippers Council Forum in Interlaken (Jan. 30-31, 2020) underscored the great interest among all partners in the transport chain in spectacular loss events, liability risks and safety issues, as well as preventive measures.
Natural events that prevent a transport, but also unavoidable events such as a strike, piracy or, most recently, the Corona virus, are subsumed under the term force majeure. However, the collapse of the Morandi Bridge in Genoa and the sinking of the rail bed near Raststatt would not a priori fall under this term, explained German specialist lawyer Frank Wilting and Genoa lawyer Enrico Modiglia. They were based on human errors, lack of maintenance, incorrect calculations, etc.
Force majeure does not always prevail in court
"Lawyers like to argue force majeure, but the courts have high standards," added Giovanna Montanaro of the Zurich law firm Wartmann Merker. A lively panel discussion on "Legal bases and contractual management of liability risks in force majeure" was moderated by Barbara Klett, an attorney in insurance and transport law and an active member of Ladies in Logistics Switzerland. The problem is often not solved with an exclusion of liability, as commercial considerations play a major role in the transport sector, she explained. In addition to liability steering measures, operational measures could also have a preventive effect.
The exciting practical examples and instructive seminars on the subject of "Force Majeure - where are the risks for the shipper?" provided many aha experiences, especially for non-legal specialists and managers. The different entrepreneurial backgrounds of the forum participants allowed a very diverse view of the problems and inspired the exchange of experiences.
Diverse range of topics
Other topics were also discussed at the SSC Forum, such as "Security in the Supply Chain", "Waiting Times in Container Terminals", "Shortage of Chauffeurs in Switzerland and Europe", "New Silk Road - Risk for the West?", "Documents Digitalization - Who is Responsible in the Company?", "Powder Keg Persian Gulf".
The event showed once again that many women have not yet recognized the value of such trade events for knowledge enhancement and networking. Female participation was - as usual in the logistics world - weak. However, this should not be accepted as a given, explained Susanne Biemer of the "Ladies in Logistics Switzerland" (LiLS). She used the platform to present the network and call on the logistics professionals present to motivate their female employees more to make themselves more visible. "The industry needs to become even more attractive to women. This would also help to alleviate the shortage of skilled workers," said Susanne Biemer.
The next Ladies in Logistics, Switzerland Lounge will take place on March 26 at the Verkehrsdrehscheibe Schweiz in Basel.
