abstract:Delivery of goods without the original bill of lading cases: the holder of the original bill of lading shall require the carrier to bear the civil liability arising wherefrom
Keywords:carriage of goods
Cases concerning disputes over contracts of carriage of goods by sea
ⅰ. Jurisdiction: such cases shall be under the jurisdiction of the people's court at the place of: the departure of transportation, the destination of transportation, the domicile of the defendant or the port of re-transportation.
ⅱ. Materials to be filed to initiate such an action: evidence on contract of carriage of goods by sea between the parties (such as bill of lading, waybill, contract of carriage, etc.), evidence on facts of the defendant’s breach of contract (such as evidences on the goods have been taken at the port of destination in cases about delivery of goods without an original bill of lading); evidence on losses result from the defendant’s breach of contract (such as customs declaration, cargo damage inspection report, freight invoice, etc.).
ⅲ. Container overdue usage fee cases: identify the defendant as shipper, consignee or other subject with payment obligations, identify the container overdue usage fee standard charged by the plaintiff and the overdue occupation time of the container involved.
ⅳ. Delivery of goods without the original bill of lading cases: the holder of the original bill of lading shall require the carrier to bear the civil liability arising wherefrom. The plaintiff shall file evidences on the goods have been delivered or taken at the port of destination and his losses.