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MV Alpine Maria- Cargo Shortage

时间:2023-03-31 12:22:17 点击:

      A batch of soybean oil was loaded onboard MV “Alpine Maria” from Argentina and Brazil and sailed to Xinsha Port in Guangzhou, China. Aleppo Shipping Ltd (a Libyan company) was the owner of the ship and the carrier of the cargo.

 

      After the cargo arrived at the port, the Exit-Entry Inspection and Quarantine Bureau dispatched its staff to supervise the discharge of the cargo. The goods were measured by bank tank, and the weight certificate was issued. It was 128.725 tons less than the total weight recorded in the bill of lading. PICC Guangxi, who underwrote the cargo and paid the insurance compensation, claimed to exercise the right of subrogation against Aleppo Shipping Ltd.

 

     Aleppo Shipping Ltd entrusted lawyers Colin Y F Yang and Yuan Jinsong of our law firm to handle this case. On court, our lawyers hit the nail on the head and voiced their argument that the opponent's evidence was insufficient. The court recognized our lawyers’ argument and rejected the plaintiff's claims. Our lawyers pointed out that during the time of bank tank measurement, the cargo were out of the client’s control, and beyond the period of responsibility for carriage. In addition, the bank tank measurement inspection certificate without being approved by the carrier did not have the effect of proving the quantity of liquid cargo delivered in bulk. The court accepted our views and judged that the plaintiff could not adduce sufficient evidence and dismissed their claim.

 

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