In a dispute concerning an air shipment, the air waybill — AWB, or LTA in French — is often one of the first documents to examine.
It does not, however, prove everything.
Evidential weight under the Montreal Convention
Article 11 of the Montreal Convention provides that the air waybill is prima facie evidence of the conclusion of the contract, the carrier’s acceptance of the goods and the conditions of carriage stated in it.
Statements concerning weight, dimensions, packaging and the number of packages carry the same evidential weight.
The rule is more restrictive for statements about the quantity, volume or condition of the goods: they are evidence against the carrier only where checked by the carrier in the consignor’s presence and recorded as such, or where they concern the apparent condition of the goods.
An unqualified AWB does not therefore necessarily establish the internal condition of the goods when the carrier took charge of them.
The AWB must be assessed alongside the other documents
The assessment should also consider the commercial invoice, packing list, handling instructions, handover records, photographs and correspondence at the time of the damage.
The Convention also allows information about the carriage to be recorded by means other than a paper AWB. Electronic shipment records may therefore also be decisive.
Where goods are damaged, this evidence should be considered alongside the steps and time limits discussed in our article on goods damaged during air carriage.
Does the AWB actually establish the disputed fact, or must the evidence be found in the other shipment documents?
Are you facing a dispute over an AWB, the condition of the goods or the terms of air carriage? Contact the firm..