Engaging Cyber-Attacks and Container Theft
Container theft linked to cyber-attacks are rising, influencing insurers worldwide. In a recent case involving energy drinks stolen from a Chilean terminal, our strategic approach challenged the force majeure claim, securing a favorable outcome. This case underscores the importance of security and cybersecurity in the logistics chain.
Introduction
Container thefts associated with cyber-attacks are on the rise, significantly affecting the insurance sector. The case we discuss demonstrates how an innovative legal approach can place one in a strong position to negotiate effectively, leading to a successful outcome.
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The Case focuses on containers filled with energy drinks that were stolen from an extraport terminal while in route from Hamburg, Germany to Valparaíso, Chile. A phishing email, sent from an external Customs Agency, facilitated the cyber-attack. The lack of adequate security protocols led to the removal of containers by an unknown party, resulting in a mayor economic loss for our client.
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With no resolution during pre-trial negotiations, we took the case to arbitration, seeking compensation for the terminal’s breach of contract. The defendant argued that force majeure, or an “Act of God,” absolved them of liability, but we successfully countered this claim by disproving the claim of force majeure and proving the terminal’s liability. This enabled us to negotiate a favorable settlement with the terminal, despite their initial arguments.
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Our Strategy and Added Value
We emphasized the importance of security and cybersecurity in the logistics chain, highlighting the terminal's responsibility for protecting goods.
We addressed the rising threat of cyber-attacks in the maritime and logistics sectors, proposing concrete measures to prevent such losses.
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We examined international regulations on cyber-risk management and identified weaknesses in the opponent’s security measures, effectively countering their force majeure argument.
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Conclusion
Leveraging our specialized knowledge and strategic approach, we achieved an excellent settlement during the arbitration stage. This case not only provided a favorable outcome for our client but also reinforced our reputation as leaders in delivering innovative legal solutions in the logistics chain.