The UK P&I
Club has issued a Legal Briefing to provide guidance on the legal issues
for the handling of cargo claims under Chinese law, as this country has become
a significant importer of goods, and operations often face claims advanced
by shippers or consignees in China.
Although China has not ratified the Hague/Hague-Visby
Rules, the Hamburg Rules or the Rotterdam Rules, elements of these conventions
have been incorporated into the Chinese Maritime Code 1992 (“CMC”).These
include provisions regarding the responsibilities, exemptions and limitations
available to a carrier, the obligations of a shipper and the regulation of
transportation documents drawn from the Hague-Visby and Hamburg Rules.
The Club identifies the following possible defences to a
shortage claim :
· shortage caused by reasons for which the owner/carrier is not
responsible. For instance, the “shortage” may be the result of the inherent
vice of the cargo (which entitles the carrier to be exempted from liability
under the CMC);
· a possible 5% trade allowance for bulk cargo, where such
is acceptable to the Court or where the shortage can be attributed to different
measurement methods;
· an argument of short loading at the port of loading
according to a draft survey conducted by the ship and/or independent surveyor
However, the burden of proof for arguing such defences is
quite heavy. The carrier may be asked to provide consecutive and detailed ship
records.
Further details may be found by reading the Club’s Legal
Briefing at the link,
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