Transport Documents | ForwarderLaw

Chinese Court Hands Down First Judgment on a Rail Bill of Lading

by Editor | Aug 17, 2020 | Carriage by Rail, Case Summaries, Transport Documents

Ik Wei Chong + Christian Liu, Clyde + Co, Shanghai On 30 June 2020, the Liangjiang New District People’s Court, Chongqing (“the Court”) handed down a judgment following legal proceedings over the ownership of goods filed by the holder of a Rail Bill...

Aprile SPA v Elin Maritime Ltd [2019]- Deck Cargo Exclusion

by Editor | Jul 27, 2020 | Carriage by Sea, Transport Documents

John Habergham, Myton Law, Hull U.K. A number of claimants all named as ‘shipper’ on a bill of lading for a shipment of 201 packages of cargo described to be in ‘apparent good order and condition’ at the time of inspection, collectively brought a claim against the...

Forwarder’s liability for delivery of the goods without production of bill of lading

by Editor | Nov 5, 2019 | Carriage by Sea, Case Summaries, Transport Documents

Felipe Arizon, Arizon Abogados SLP, Spain The Court of Appeal of Valencia handed down last 16 of January 2019 a judgment holding the freight forwarder responsible for the damages arising out of the delivery of the goods without production of the bill of lading. The...

“Weight and quantity unknown clause” in Bills of Lading – is it effective in China?

by Editor | May 13, 2019 | Carriage by Sea, Case Summaries, Transport Documents

Ik Wei Chong, Clyde + Co, Shanghai A “weight and quantity unknown clause” in the Bill of Lading for container cargo is rather common in the marine industry but its effectiveness under Chinese law is always a highly arguable issue. Previous practice shows...

China – Release of Cargo without Production of the Original Bill of Lading in Brazil – a Successful Defence

by Editor | Apr 25, 2019 | Carriage by Sea, Case Summaries, Transport Documents

Christian Liu and Ik Wei Chong, Clyde + Co, Shanghai Under the Chinese Maritime Code, a carrier is strictly obliged to deliver cargo against the production of the original Bill of Lading, and it is, therefore, usually very difficult to defend a claim lodged by the...

Court Rejects Request to Delay Release of Cargo without Original BLs

by Editor | Feb 28, 2019 | Case Summaries, Transport Documents

Adv. Gill Nadel, Adv. Dave Zeitoun, Adv. Shirly Strezhevsky, Goldfarb Seligman, Israel Background: In the following article we will review the ruling of the Haifa Magistrate Court regarding F.A.Y. Com Ltd.’s request to delay the release of marine cargo which...