03 · FREIGHT · B/L · CARGO

Shipping & logistics

Legal analysis for freight-forwarding, bill-of-lading, cargo loss, release, demurrage and documentary disputes connected with China.

03

CROSS-BORDER TRADE COUNSEL

01

When legal advice may help

  • Cargo was lost, damaged, delayed or released incorrectly
  • The bill of lading, shipper, consignee or freight terms are disputed
  • A freight forwarder, carrier, warehouse or customs party denies responsibility
  • Demurrage, detention, storage or destination charges have escalated
  • Shipping documents or instructions do not match the underlying sale

02

Key legal and commercial risks

01

The contracting carrier and actual carrier may be different

02

Liability limits, notice periods and time bars can be short

03

Emails, booking confirmations and bills of lading may allocate responsibility differently

04

Incoterms do not by themselves resolve every carriage or title issue

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How I can assist

  1. 01Freight-forwarding agreement and B/L review
  2. 02Liability-party and contractual-chain analysis
  3. 03Cargo evidence, survey and notice assessment
  4. 04Demand, negotiation and dispute strategy
  5. 05Coordination of China litigation, maritime claims or arbitration

04 · CASE PATH

Who may actually be liable?

01Shipper
02Freight Forwarder
03NVOCC
04Actual Carrier
05Destination Agent
06Warehouse

The chain does not establish liability by itself; the booking, bill of lading, release instructions and actual conduct must be read together.

Delivery without original B/LTelex release disputesFreight forwarder liabilityCargo release without authorizationDemurrage vs detentionMisdeliveryNVOCC liabilityDestination-agent charges

05

Documents for an initial assessment

  • Booking note, freight agreement and quotations
  • All versions of the bill of lading and release instructions
  • Cargo photos, survey report and damage notices
  • Invoices for freight, storage, demurrage and related loss
  • Sale contract, Incoterm and correspondence among all parties

INITIAL ASSESSMENT

Start with the transaction, the evidence and the objective.

Identify the parties, transaction value, payment and delivery status, key dates, documents available and the outcome sought.