We handle disputes arising from matters
related to aviation or multimodal transportation.
In 2004, C. J. Kim received a Ph.D.
in law with a thesis titled,
“A Study on the Legal Status of a Freight Forwarder
and a Multimodal Transport Operator.”
CHOI & KIM handles various kinds of disputes arising from air transportations.
CHOI & KIM has abundant experience in litigation and consultation concerning aviation matters, including representation of air carriers in defense of claims brought by bereaved families in major air crash accidents. The issues in the field of transportation of passengers include civil liability of air carriers, breaking limitation of liability of air carriers, jurisdiction on claims and indemnity claim against subcontractor, etc.
CHOI & KIM is experienced in litigation concerning the interpretation of the Warsaw Convention, terms of air waybills and various cargo misdelivery cases arising out of the uniqueness of the Korean cargo delivery system and industry. The major issues in the air cargo carriage include the identity of an issuing party of an AWB, whether an AWB must be presented in exchange of cargo, timing of cargo delivery, actual carrier's liability to a cargo owner when a separate contractual carrier exists, and liability of a local partner of a foreign freight forwarder, etc.
Similarly, in matters of multimodal transport, the issues include validity of clause shifting liability to actual carrier, and network/uniform liability under the multimodal B/L. In a case where a freight forwarder undertakes the entire transportation, it is often disputed whether the limitation of liability clause under the FIATA B/L is valid.
