Cargo claims

Panama is not a signatory to the Hague-Visby Convention, but its rules were incorporated by Law 55 of 2008.

Cargo owners may file claims against any vessel present in Panama, regardless of domicile, under

a bill of lading.

Forum selection clauses contained in adhesion contracts (such as bills of lading) are ineffective in preventing the arrest of a vessel, unless the defendant can demonstrate prior and express negotiation.

In practice, cargo claims follow a “ping pong” evidentiary pattern:

• The claimant proves that the cargo was delivered in good condition and received in poor condition.
• The defendant presents defenses or exceptions. The burden of proof returns to the plaintiff to prove breach of contract by the carrier or unseaworthiness.
• The defendant may prove the extent of the damage or its diligence before and at the beginning of the voyage.