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Supreme People's Court on several issues concerning the trial of cases of disputes over maritime freight forwarding Agency provisions
People's Republic of China the Supreme People's Court announcement
The Supreme People's Court on several issues concerning the trial of cases of disputes over maritime freight forwarding agency regulations on January 9, 2012, triedby the Supreme People's Court of the 1538th meeting, the Committee adopted, promulgated and come into force since May 1, 2012.
The February 27, 2012
For the right to hear cases of disputes over maritime freight forwarding Agency, safeguarding the legitimate rights and interests of the parties, in accordance with the General principles of the civil law of the people's Republic of China and the contract law of the people's Republic of China and the people's Republic of China law,and civil procedure law of the people's Republic of China and the people's Republic of China special maritime procedure law and other relevant legal provisions, judicial practice, these provisions are formulated.
First the guideline applies to freight forwarding companies accept clients ' authorization handling and freight forwarding services related to the carriage of goods bysea following disputes that occur when:
(A) due to booking, customs clearance, commodity inspection, inspection of disputes, insurance services;
(B) for the supply of goods of packing, loading, and unloading, container stripping, distribution, transfer service of the dispute;
(C) versions, deliver relevant documents, fee settlement of disputes;
(D) provision of warehousing, land transport services of the dispute;
(E) deal with other disputes in the sea freight forwarding firms are.
Article II court cases of disputes over maritime freight forwarding Agency, finds forwarding agent for maritime freight forwarding Agency services formed between the agent and the principal, transportation, warehousing and other legal relations, should be the application of the relevant legal provisions.
People's courts shall be based on the nature of the rights and obligations stipulated in the contract in writing, and considering the freight forwarding companies topay name and method, invoice types and charging items, transactions between theparties used to other circumstances as well as the actual performance of the contract, found sea freight contracts relationship was established.
Article forwarding agent in the processing of maritime freight forwarding servicesin the name of their issuing bills of lading, sea waybill or other shipping documents, the principal advocates of freight forwarding companies bear the liability of thecarrier, the people's Court should be supported.
Freight forwarding business issued by the agent on behalf of the carrier Bill of lading, sea waybill or other shipping documents, but does not demonstrate the carrier authorized, the principal advocates of freight forwarding companies bear the liability of the carrier, the people's Court should be supported.
Article fifth principal and freight forwarding companies appointed a delegate permissions, maritime freight forwarding Agency services within the purview of the party advocated the client agrees to delegate, the people's Court should be supported.
No Convention delegate permissions, forwarding agent or a third person known to the principal freight forwarding companies to transfer maritime freight forwarding Agency services commissioned or part of the delegate is not objected to by third party processing, claim seller delegate Court shall not support, but clearly indicates its acceptance of the client except for the delegate.
Sixth Party under the trading habits, has reason to believe that a person has the right to conclude a maritime freight forwarding agency contract on behalf of the other party, that party is 49th article claims a contract under contract law, the people's Court should be supported.
Seventh sea freight forwarding contract freight forwarding companies to deliver documents made for maritime freight forwarding Agency services conditional on the client to pay the related costs, freight forwarding business by the principal fails to pay the related costs by refusing tender documents, the people's Court shouldbe supported.
Contract is not agreed or is not clearly stipulated, freight forwarding business by the principal fails to pay the related costs by refusing tender documents, the people's Court should be supported, but except for bills of lading, sea waybill or othershipping documents.
Article freight forwarding companies accept the contractual shipper commissionedfor booking services, while being engaged by an actual shipper to deliver the goods to the carrier, the actual request forwarding agent of the shipper to deliver itsBill of lading, sea waybill or other shipping documents, the people's Court shouldbe supported.
Contract refers to the shipper himself or entrust others in my name or commissioned for himself and the carrier who entered into the contract of carriage of goodsby sea.
Actual shipper is himself or entrust others with my name or commissioned for himself the goods to the carrier in connection with contracts of carriage of goods bysea people.
Freight forwarding companies in accordance with the summary of the ninth delegate permissions to complete the maritime freight forwarding Agency services, request clients to pay reasonable expenses, the people's Court should be supported.
Tenth client to freight forwarding companies to deal with losses arising from a maritime freight forwarding services to the principal for the corresponding liability advocated by the forwarding agent, the people's Court should be supported, but except for freight forwarding companies prove that they are not at fault.
11th freight forwarding companies of under a duty of care, Bill of lading registration and not the Transportation Department's non-vessel operating common carrierbusiness operators to enter into contracts of carriage of goods by sea, resulting in client losses, should bear the compensation responsibility.
12th freight forwarding enterprises is not in China's traffic authority under the Bill of lading registration non-vessel operating common carrier business operators Signing Bills of Lading by Authority, party advocated by the forwarding agent and non-vessel operating common carrier business operators under the joint and several liability losses, the people's Court should be supported.
After the freight forwarding companies liable, shall be entitled to recourse againstthe operators of non-vessel operating common carrier business.
13th due to lawsuit brought on a dispute set out in article I of these regulations, the maritime jurisdiction of the Court.
14th people's Court trial process, found to be with the non-vessel-operating services qualified for freight forwarding companies in violation of the provisions of thepeople's Republic of China international ocean shipping, issued in their own namethe Bill of lading, sea waybill or other shipping documents, judicial opinions issuedto the relevant departments of transportation, recommends that the Transportation Department will be punished.
15th article this requirement does not apply to coastal, relating to the carriage ofgoods by inland waterway freight Agency disputes.
16th before the implementation of the provisions of the relevant judicial interpretations inconsistent with this provision, is subject to this provision.
After the implementation of this provision, the case is still at the stage of first or second instance, these provisions apply; these provisions are implemented of casesbefore the Court of final appeal, after the implementation of this provision the party applying for retrial or decide to retry a case in accordance with the procedure for trial supervision, these rules do not apply.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311