"Freighter" New Rules Bring Benefits to Spin City Merchants

The reporter recently learned from the county court that the Supreme People's Court’s “Regulations on Certain Issues Concerning the Trial of Maritime Freight Forwarding Disputes” was introduced recently and will come into effect on May 1. According to industry insiders, the implementation of this provision will bring benefits to the county's textile foreign trade industry, promote the industry to standardize operations, promote the healthy development of the freight forwarding industry, and will also focus on protecting the legitimate rights and interests of domestic buyers.

It is understood that the international freight forwarding industry is an indispensable and important part of international trade. With the rapid growth of foreign trade and exports, the international freight forwarding industry in our county has developed rapidly. It has become an emerging industry that has begun to take shape. It has played an important role in serving foreign trade, promoting the development of the textile industry, and attracting foreign investment. It has become a county in our county. An important part of the logistics industry.

Due to the late start, compared with other industries, the development of the freight forwarding industry is not yet mature, coupled with the surge in the number of freight forwarding market companies, the problem of unregulated competition and unbalanced development, and the impact on the healthy development of the freight forwarding industry. The disputes over freight forwarding caused by the irregular operation of freight forwarding companies have increased, and the number of cases that have been brought to the court has increased significantly.

Because of the special nature of maritime transportation, its legal relationship is complex, and the company knows little about this kind of lawsuit with a foreign-related nature. The case of legal disputes has become a hot and difficult issue in current trial practice. Many companies are affected by traditional concepts and often do not dare to protect their legal rights through lawsuits. To this end, the Supreme People's Court promulgated the "Provisions on Several Issues Concerning the Application of Law in the Trial of Cases of Delivery of Goods without Original Bills of Lading", and it will come into force on March 5, 2009. The "Regulations" promulgated this time is to systematically regulate the disputes involving sea freight forwarders and promote the healthy development of the freight forwarding industry. The combination of the two will help guide the trial of maritime freight agency disputes and unify the scale of judicial adjudication.

The reporter learned from the Zhejiang Deshun Law Firm that in recent years, some freight forwarding companies collaborated with foreign buyers to engage in “bill-for-bill release,” and cases of interest sharing occurred from time to time. Lawyer Pan Zhaozhong accepted a similar case. He said that the "Regulations" promulgated this time prohibits the detention of bills of lading, stipulates that freight forwarding companies give priority to delivering bills of lading to actual shippers, and stipulates that maritime freight forwarders adopt the principle of presumption of fault. Freight forwarding companies bear the burden of proof for undue faults, and freight forwarding companies are not careful. Loss of obligations, to bear the corresponding liability for compensation, this series of provisions to fill the gap in the current freight forwarding practice, greatly protect the rights of exporters at home and abroad, will give the textile industry market in the foreign trade industry will bring a favorable legal environment .

Mr. Ye, who is engaged in foreign trade in the textile city market, believes that the introduction of the “Regulations” constrains the behavior of freight forwarding companies, while also increasing the rights and interests of freight forwarding companies, creating a fair and equitable freight forwarding environment, and balancing freight forwarding companies with domestic ones. Export companies benefit both parties.

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