Insurance Law, Transport Law and Foreign Trade Law: Customs & Export Control
Secure Routes through Insurance, Transport and Foreign Trade Law
Global supply chains closely intertwine transport law, insurance law and foreign trade law. A single loss event may trigger production interruptions, contractual penalties, complex recourse chains as well as coverage and liability disputes. At the same time, export control regulations, sanctions, customs law and differing legal systems increase the complexity of international business models. An integrated advisory approach is therefore essential – combining contracts, insurance coverage, compliance and dispute resolution in a holistic manner.
We advise insurers, reinsurers, managing general agents (MGAs), insurance brokers, freight forwarders, carriers, logistics companies as well as exporters and importers comprehensively on the legal interfaces between insurance law, transport law and foreign trade law. Our services include, among others, the drafting and review of contracts, optimisation of insurance coverage, compliance with export control and customs regulations as well as representation in coverage, liability and loss matters.
In cross-border matters, we support our clients together with our cooperation partner LeitnerLeitner Tax Audit Advisory and our international network, thereby ensuring legally compliant implementation even in complex international scenarios.
Why a Holistic Approach Matters
In practice, risks along the supply chain rarely arise in isolation but often lead to complex chain reactions:
- Transport damage: liability (carrier, freight forwarder, warehouse operator) + coverage issues (cargo and property insurance) + recourse claims
- Delivery delay: liability and damages + review of SLA/KPI obligations + insurance coverage issues (e.g. business interruption depending on the insurance programme)
- Sanctions or export violations: administrative penalties, delivery stops, contract terminations and reputational damage
Our Services
Insurance Law – Securing Coverage & Minimising Risks
- Drafting and optimisation of insurance and reinsurance agreements as well as international insurance programmes
- Coverage analysis and claims handling (insurance coverage monitoring)
- Large-loss support including coordination with experts and surveyors
- Representation in coverage and liability disputes
- Compliance and training (IDD, VAG, DORA, NIS2, sanctions)
- Regulatory and liability matters concerning insurance intermediaries and managing general agents
Transport & Logistics Law – Managing Liability & Securing Contracts
- Review and drafting of transport, forwarding, carriage and logistics agreements (including 3PL, 4PL, LLP and SLA structures)
- Advice on liability regimes for international road, rail, sea and air transport (e.g. CMR, Austrian Forwarders’ Standard Terms [AÖSp], CIM, CMNI, multimodal transport)
- Review and enforcement of liability and recourse claims relating to transport, loading and warehouse damage
- Dispute resolution before domestic courts and international arbitral tribunals
- Optimisation of cargo insurance conditions
Foreign Trade Law – Compliance & International Security
- Export control compliance and sanctions screening (including embargoes)
- Foreign investment control and advice on outbound investments (FDI)
- Drafting of import and export agreements as well as delivery terms
- Contract drafting and compliance advice for cross-border industrial projects (including plant engineering and critical infrastructure)
- Advice on transport and export financing as well as factoring
- Representation before authorities and in administrative penalty proceedings
Customs Law & Indirect Taxes (in cooperation with LeitnerLeitner Tax Audit Advisory)
- Advice on customs law matters relating to transport and foreign trade law
- Assistance in administrative proceedings and documentation requirements
Legal Advice for Supply Chains & International Transport
We provide comprehensive support along the entire supply chain – from reviewing and optimising your contracts to assisting in claims scenarios, including recourse strategies and coordination with experts. In addition, we strengthen your compliance structures through export control and sanctions advice, training, audits as well as clear policies and legal opinions for informed decision-making. In contentious matters, we represent your interests before authorities, courts and arbitral tribunals in insurance, transport and foreign trade law proceedings.
Contact us if you wish to make your supply chains more legally resilient or efficiently resolve a specific claims or compliance matter.
| Area | What Should Be Reviewed | Typical Practical Mistakes |
| Contract (Transport/Logistics) | Liability provisions, jurisdiction/arbitration clauses, subcontractor chains, SLA/KPI requirements, temperature and security requirements, Incoterms | Use of ‘standard terms’ without adaptation to the specific project |
| Insurance | Scope of coverage, duties and obligations, exclusions, sublimits, recourse options, international programmes | Coverage gaps between liability and insurance protection |
| Claims Process | Evidence preservation, deadlines, documentation (e.g. CMR documents, delivery notes, photographs), coordination with insurers and experts | Late claims notification, incomplete documentation |
| Foreign Trade | Export sanctions screening, end-use checks, permits, documentation, training | Inconsistent or missing review processes within international structures |
| Customs | Customs value and responsibilities, origin, preferential treatment, declarations and representation | Unclear responsibilities and resulting liability risks |
FAQ – Frequently Asked Questions from Practice
- When does the CMR apply in international transport law?
The CMR applies to cross-border road transport between contracting states and primarily regulates liability, liability limits and deadlines. - Who is liable for transport damage – the carrier or the freight forwarder?
Liability depends on the contractual role allocation and the actual performance of the transport. - What significance do Incoterms have for liability and risk?
Incoterms determine the allocation of costs, risks and responsibilities and therefore directly influence liability, insurance and customs clearance. - What should be considered in relation to cargo insurance?
Particular attention should be paid to the scope of coverage, exclusions, duties and obliga-tions as well as coordination with contractual liability provisions. - When do coverage gaps between liability and insurance arise?
Coverage gaps occur where contractual liability provisions and insurance coverage are not properly aligned. - What does export control include under foreign trade law?
Export control particularly includes goods classification, end-use verification (dual-use regulations), internal compliance programmes (ICP), permits and embargo/sanctions screening. - What risks arise from sanctions violations?
Possible consequences include administrative penalties, delivery stops, contract terminations, withdrawal of permits and reputational damage. - What should be considered in customs clearance?
Correct tariff classification, determination of origin, documentation and clearly allocated responsibilities are essential. - What are typical points of dispute in transport agreements?
Frequent disputes concern liability, limitations of liability, delivery delays, subcontractors and evidentiary matters. - How can risks in international supply chains be minimised?
Through coordinated contracts, appropriate insurance coverage, effective compliance pro-cesses, advance rulings and clear documentation.
