In a dispute involving the release of goods without an original bill of lading, legal action taken by the holder of the original bill of lading will need to commence within the limitation period.
Article 257 of the PRC Maritime Law specifies that “the limitation period for claiming compensation against a carrier in respect of the carriage of goods by sea shall be one year, counting from the date on which the carrier delivered or ought to have delivered the goods”.
The first paragraph of article 14 of the Supreme People’s Court Several Issues Concerning the Application of the Law in Cases of the Delivery of Goods Without the Original Bill of Lading Provisions specifies that “in a legal action instituted by the holder of the original bill of lading on the grounds that the carrier delivered the goods without the original bill of lading, article 257 of the PRC Maritime Law shall apply, with the one-year limitation period commencing on the date on which the carrier ought to have delivered the goods”.
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Henry Lee is a senior partner and Jessy Wang is a lawyer at Dacheng Law Offices
Dacheng Law Offices LLP, Shanghai
3/F China Development Bank Tower
500 Pudong South Road
Tel: +86 21 3872 2401
Fax: +86 21 5878 6866