Cargo custody and document tracing
Review bills of lading, booking, interchange, tally, delivery, warehouse, and survey records.
Surabaya · East Java · Indonesia
Marine Cargo Subrogation Surabaya — Recovery at Tanjung Perak Port
Cargo loss around Tanjung Perak can involve a carrier, freight forwarder, terminal, warehouse, or several handoffs. Integra Law Office assists insurers with marine cargo subrogation by tracing custody, preserving transport records, and assessing the contract and governing rules before a recovery demand.
Insurance law expertise in East Java.
Begin with the shipment chain: sales contract and Incoterms, policy and certificate, booking confirmation, bill of lading, packing list, container and seal records, tally sheets, delivery receipts, survey report, and any exception noted at interchange. Fix the timeline from loading to discovery and identify who had custody at each stage. Photograph packaging and cargo condition before disposal or repair; obtain weighbridge, terminal, warehouse, and carrier records promptly.
The insurer also needs the policy claim file, adjustment, proof and allocation of indemnity, salvage, and the insured's cooperation. The cargo owner may retain an uninsured balance. Check notice-of-loss and claim procedures in the transport documents and every relevant contract; a generic demand sent to one party may not preserve a claim against another. International carriage may raise choice-of-law, jurisdiction, and contractual limitation questions that need review before suit.
When you need this service.
An insurer has paid a cargo claim for shortage, wet damage, contamination, or physical damage during sea carriage.
The bill of lading shows a clean receipt but the consignee reports damage at delivery.
A forwarder, carrier, terminal, or warehouse operator disputes when or where custody changed.
Packaging, seals, temperature records, or survey evidence may be altered or discarded.
The shipment includes foreign parties or transport terms selecting a law, forum, or arbitration process.
A carrier invokes a liability limit or notice deadline and the insurer needs to assess the clause promptly.
Insurance law framework in Indonesia.
Article 284 KUHD is commonly cited for an insurer's subrogation rights after payment. The underlying cargo claim may arise under a bill of lading, forwarding or storage agreement, or applicable maritime law. UU 17/2008 on Shipping may be relevant to Indonesian shipping relationships. Which rules govern a particular international shipment depends on the contract, route, parties, incorporated terms, and conflict-of-law analysis; do not assume that Hague-Visby Rules apply merely because cargo traveled by sea.
A recovery assessment should check the named carrier and contracting carrier, custody evidence, exceptions and reservations, packaging and stowage, seaworthiness or handling issues where relevant, contractual liability limits, notice and suit provisions, and dispute forum. Evidence may include the original or electronic transport document, survey findings, tally, delivery records, photographs, and loss calculation. Negotiation, arbitration, or court proceedings may be available under the governing documents, subject to applicable deadlines and jurisdiction.
How we handle insurance matters.
We reconstruct the shipment's custody and document trail before selecting a target. The review links the policy payment and insured's rights to each transport contract, maps missing evidence, and identifies potentially applicable notice, limitation, liability-cap, governing-law, and forum clauses. Where necessary, the file can support a joint survey or focused evidence-preservation request.
We then prepare a recovery position that explains the alleged breach or responsibility, causation, and supported loss without assuming a carrier is liable. We assess settlement alongside arbitration or litigation options and review any proposed release for its effect on the insured's retained loss. The forum and realistic remedy depend on contract terms, applicable law, evidence, and the defendant's defenses.
Our Services
Cargo loss and liability assessment
Evaluate damage evidence, custody stages, contractual roles, loss calculation, and potential defenses.
Subrogation demand and settlement review
Prepare a recovery position and review authority, allocation, and release terms with the insured's interest in view.
Transport dispute forum review
Assess governing law, notice, liability limits, arbitration, jurisdiction, and filing requirements.
Frequently Asked Questions
Which documents should be collected after cargo damage?
Collect the policy and certificate, bill of lading, booking, sales and forwarding contracts, packing list, delivery and interchange records, tally sheets, survey report, photographs, invoices, and carrier or terminal notices. Keep packaging and seals where feasible and record when, where, and by whom damage was discovered.
Does the carrier always pay for damaged cargo?
No. Liability depends on the governing contract and law, custody, cause, evidence, applicable exceptions, and any valid limitation. The claimant may need to prove the condition and value of cargo and when damage occurred. A survey and complete custody record can help assess competing explanations.
Do Hague-Visby Rules automatically govern shipments from Tanjung Perak?
No. Applicability depends on the contract, route, parties, incorporated terms, and governing-law analysis. Counsel should inspect the bill of lading and related documents rather than assume a convention applies based on the port or mode of transport.
Can the insurer claim the full cargo value after paying less than the insured's loss?
The insurer's recovery position is generally linked to rights and amounts paid, while the insured may retain a deductible or uninsured balance. Review the policy, payment allocation, subrogation documents, and settlement terms to coordinate interests and avoid releasing an unpaid portion inadvertently.
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info@integralaw.id
Jl. Juwono No.7-8, Darmo, Kec. Wonokromo, Surabaya