In the terms of the contract, there is a need to analyze the jurisdictions that have been agreed. Carriage contracts, legal status of the documents, and sub-contracts should be factored while judgment is rendered. Stevedoers are the actual people involved in performing the contractual obligations by the company. Even though the lorry driver is the stevedoer in this case, the carrier i.e. the Belgian transport company will be the actual person responsible for this case. Standard terms of the incoterms should be investigated to understand the nuances of this case. In this scenario neutral person should investigate the contractual terms that have been used between the two parties.
Based on the actual agreement, the parties that are vulnerable in this process of freight transport need to be deciphered. From this analysis, specifics of the case can be determined. Invoice, bill of lading, and insurance policy used for this purpose should be used while forming judgments. The companies should use transport documents. This aspect should be considered. Conditions that have been imposed between the two parties should be investigated. Actual litigation might prove to be very costly and time consuming. There are many mandates that govern this course of obtaining remedies from the Belgian contracting company. Case of Suisse Atlantique sets precedent as to how remediation is offered to injured party. It is in accordance with the actual damage of the product.
Even the courts suggest mediation or conciliation to avoid lengthy litigation process. From analysis of the case, it is considered to be best to handle this case by conciliation. According to the rules of conciliation, apart from serving as mediator, personal insights of mediator can be provided. In this process, the transport agreement between YSR and Belgium Contract Company, carriage contract, transport document, stevedoers need to be analyzed. Even though the lorry driver was negligent, there are certain liabilities that the Belgium Company will face. Only from analysis of the actual contract, the extent of liability of the Belgium Company can be deciphered.