Air Cargo Lawyers | The Montreal Convention

1Who we help

Exporters and importers

Pharma, perishables, electronics, trade fairs: cargo damaged, lost or delayed under an AWB. Within 24 hours we tell you who to claim against (airline, handler, issuing forwarder) and for how much.

Freight forwarders and cargo agents

When the customer claims against you for what the airline broke: defence under your own limits, and recourse.

Insurers

Recoveries under Montreal with the limit arithmetic brought up to date, and the settlement route when it maximises the net recovery.

The Montreal ConventionDamage and loss under AWBDelay (perishables, trade fairs)14/21-day written complaintsThe 26 SDR/kg limitSpecial declaration of valueHandlers and rampMultimodal air+roadDelivery fraud

2What you need to know

How much can you claim for air cargo damage?

26 Special Drawing Rights (SDR) per kilo — beware: the limit rose from 22 to 26 SDR/kg on 28 December 2024 (the ICAO revision, published in the Spanish Official State Gazette (BOE) in 2025), and part of the industry is still calculating on the old figure. Absent a special declaration of value, that is the ceiling… which is why the kilos and the AWB documentation matter so much.

What are my deadlines? (the shortest in transport)

A written complaint (protest) within 14 days of receipt for cargo damage and 21 days for delay (Article 31 of the Convention; 7 days for baggage), and court action within 2 years (a strict time bar; Article 35). Without a complaint in time, no action lies against the carrier, save in the case of fraud. It is trap number one in air cargo: there is no "I'll look at it next week" here.

Who do I claim against: airline, handler or freight forwarder?

It depends on who issued your AWB and where the damage occurred. A forwarder that issues its own AWB is liable as a carrier; a handler that broke the cargo on the ramp is liable for its own operations, with caveats; the airline, for the carriage. Often the right answer is "several of them, in order". Tell us your case and we will assess it.

What if the loss is worth far more than the limit?

It happens all the time (a 12 kg pharmaceutical drum is worth thousands; its limit, hundreds). The routes: a prior special declaration of value, your own cargo insurance — and, against the party liable, examining whether there was recklessness. We will tell you which route remains open in your case.

3How we work

Immediate written complaint
today, not tomorrow: we draft and serve it within hours.
Documentary reconstruction
AWB, manifests, irregularity reports (CDM/PIR), temperature records for perishables, and so on.
Claim against the entire chain
airline, handler, forwarder, together with their insurers.
Settlement or proceedings
many air matters close with a well-negotiated release; we know when to sign and when not to.

4Experience

Our experience includes…

The settlement and release closing the recovery for damage to pharmaceutical product on Madrid–Tokyo air freight, managing the forwarder–airline chain.
Advising on the "air salvage" of an international trade fair's cargo in Las Vegas — a $110,000 charter flight when a customs delay caused the cargo to miss the vessel — and on the resulting claims and coverage issues.
A claim for €300,000 of losses to refrigerated products caused by the airline's failure to operate the flight.
The analysis and pursuit of long-haul perishable air claims (cold-chain failure en route to Australia) and of international delivery frauds with a criminal dimension.
A judgment against a North American airline for denied boarding, enforced through to collection — we litigate commercial aviation too.
Quantifying recoveries under the Montreal limit for insurers where the loss far exceeds it.

5FAQs

The airline keeps referring me to its claims department and the months go by.

The Article 35 period extinguishes the right of action: negotiating does not stop it. Complaint filed, clock under control — and negotiate against a deadline.

Does the limit also apply if the cargo simply disappeared?

Yes, loss and damage share the same regime — with the same escape routes.

Who claims, the shipper or the consignee?

It depends on the AWB and on who bears the risk (the Incoterm).

The handler broke the cargo on the ramp — can it hide behind the airline?

If it was acting within the scope of its functions, it can invoke the same limits as the carrier, with an aggregate ceiling (Article 30 of the Convention). That is why the strategy turns on the facts: what each party did, in what capacity, and on what basis it is being sued.

Door-to-door transport with an air leg: which regime applies?

That of the leg where the damage occurred; if that cannot be established, there are rules — and plenty of small print to review.

Air cargo claims