Delivery without B/L - NVOCC
27.12.2017 |Articles
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A furniture trading company brought an action against our client for loss allegedly arising from release of its cargo without presentation of B/L. In the first instance, our lawyers made strong defenses basing on our correct understanding of the legal relationships concerning the issuing of B/L by NVOCC and agents. The plaintiff’s claims were fully rejected by the 1st instance court accordingly. An appeal was filed by the trading company with the Higher People’s Court of Guangdong Province and was accepted. As a result, the 1st instance judgment was set aside. Then our lawyers as per our clients’ instructions file an application with strong grounds before the Supreme People’s Court for a retrial of the case. In the end, the Supreme People’s Court found that y reasons that the facts were not clearly ascertained and the law was incorrectly applied in the 2nd instance judgment and remanded the case to the said Higher People’s Court for retrial. When the case was pending retrial, the trading company reached a settlement for 50% of the original claim amount with our client. The court’s recognition as to the legal relations of NVOCC’s issuing of B/L was of great guiding significance to similar cases, which to a great extent facilitated the issuance and consideration by the Supreme People’s Court as to the Regulations on Some Issues on the Trial of Cases Relating to Dispute over Cargo Carriage Agency. |