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The multimodal transport operator, who does not issue the multimodal transport documents, takes the entire transport responsibility only to the shipper


Updated:2021-10-27    Views:

In the case of dispute over contract of carriage of goods by sea between Cathay

Century Products Insurance Co., Ltd. (hereinafter referred to as Cathay Company)

as the plaintiff and Damu International Logistics Group Co., Ltd. and Liaoning

Xindamu Logistics Co., Ltd. (hereinafter referred to as Xindamu Company) as

the defendants27, Xindamu Company entered a transport contract with Dalian

Huarui Heavy Industry International Trade Co., Ltd. (hereinafter referred to as

Huarui Company), the outsider of the case, agreeing that Xindamu Company

was responsible for inland transportation of goods, export declaration and

inspection to delivery of goods EX-ship’s hold at the port of destination from

China factory to Shanyong port of Vietnam. Under a voyage charter, Xindamu

Company transported the above goods by chartering MV YINGFU from Tairong

International Shipping Company, the outsider of the case. The shipping agency

issued the bill of lading on behalf of the captain. When MV YINGFU arrived

at the port of destination, some of the goods were found damaged. The right of

subrogation to claim for compensation was transferred to the cargo insurer, Cathay

Company, after Cathay Company paid the indemnity to Taisu Hejing Company,

the consignee noted in the bill of lading. The Court held that, Xindamu Company

and Huarui Company established the legal relationship of multimodal transport

contract in accordance with the Maritime Code of the People’s Republic of China.

As multimodal transport operator, Xindamu Company, who did not issue the

multimodal transport documents, took the entire transport responsibility only to

its counterpart of the contract, Huarui Company. Cathay Company failed to prove

that the bill of lading involved in the case was authorized by Xindamu Company

or issued by the shipping agency on behalf of Xindamu Company, the contract of

carriage goods by sea proved by the bill of lading was not established between

Xindamu Company and Taisu Hejing Company. Therefore, the Court rejected the

whole claim of Cathay Company


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