How to identify non-vessel operating common carriers

By Yu Feng and Yu Yaodong, Dacheng Law Offices
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In international maritime cargo transport, the non-vessel operating common carrier (NVOCC) business is developing rapidly.

Accordingly, the number of cases in which cargo owners sue NVOCCs is also increasing. In such cases, identification of the carrier is a key issue. Any mistake made in identification will have unfavourable consequences for the cargo owner.

Definition of an NVOCC

Yu Feng, Dacheng Law Offices
Yu Feng
Senior Partner
Dacheng Law Offices

According to article 7 of the PRC International Ocean Shipping Regulations (State Council Decree No. 335, in force since 1 January 2002), an NVOCC is an international ocean shipping operator which accepts shippers’ goods in the capacity of a carrier, issues its own bills of lading or other shipping documents, receives payment of freight from the shipper, transports goods internationally by sea via international shipping operators, and bears responsibility as the carrier.

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Yu Feng is a senior partner and Yu Yaodong is a lawyer at Dacheng Law Offices

(Dacheng Law Offices)

Dacheng Law Offices LLP, Shanghai

3/F China Development Bank Tower
500 Pudong South Road

Shanghai, 200120

Tel: +86 21 3872 2401

Fax: +86 21 5878 6866

E-mail:

henry.lee@dachenglaw.com

jessy.wang@dachenglaw.com

www.dachenglaw.com