The Rules of the Supreme People’s Court on Several Issues Regarding the Application of Laws in Hearing Cases Involving the Delivery of Goods Without Original Bills of Lading became effective on 5 March 2009. The rules have established a set of standardized tests concerning cases involving the release of goods without an original bill of lading.
Cause of action
The rules provide that in a dispute over the delivery of goods without a bill of lading, the holder of the original bill of lading may hold the carrier liable under the law of contract or tort, or require a party who takes delivery of goods without the original bill of lading to assume tortious liability.
Partner
LC & Co
Claimant and defendant
The rules provide that the holders of original bills of lading have the right to lodge claims for the release of goods without a bill of lading. In addition, a consignor who delivers goods to a carrier and holds an order bill of lading, though not stated as consignor, may still hold the carrier liable for the unlawful delivery.
The rules do not touch upon whether, in the same circumstances, a consignor under a straight bill of lading has the same right.
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Li Feng is a partner at LC & Co.
Steven Zhou is a lawyer at LC & Co.
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李 锋 Li Feng
电子信箱 E-mail: feng.li@lclaw.cn
周 垠 Steven Zhou
电子信箱 E-mail: steven.zhou@lclaw.cn
