In case of delivery without production of an original bill of lading, what may the holder of the original bill do, in addition to an action against the carrier for non-performance of the contract of affreightment?
When the carrier has delivered goods to a party without production of an original bill of lading, the holder of the original bill will more than often commence legal proceedings against the carrier. However, the holder of an original bill of lading may in the future have an alternative if the goods represented by the bill of lading have been released by the carrier to a party without production of the original bill. The alternative is to lodge a claim against the cargo underwriter for compensation under non-delivery. In a very recent judgment given by Shanghai Maritime Court, it was held that the defendant cargo underwriter is liable for the non-delivery under the cargo policy.
Back
