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Shaoxing SHEKE Textiles Co., Ltd. vs. Shanghai All-ways Forwarding Co., Ltd.


In the dispute over the carriage of goods by sea with regard to delivery of goods without original B/L, it is whether or not the control of the goods has been transferred that determines the act of delivering the goods to a non-original B/L holder.


In the case of consignee responsible for booking, and the applicable law is Chinese law: (1) When the goods have been devanning or cleared at the port of destination, and the consignee has not paid the price and freight under the trade contract, and if the carrier fails to fully proved that the goods have been under its continuous controleven if the goods are ultimately in the hands of the carrier, the facts that delivery of goods by carrier without original B/L shall be established. (2) If the carrier fails to recover the goods after delivery of goods without original B/L within the reasonable time that original B/L holder agrees or accepts, the original holder of B/L shall have the right to refuse to collect the goods and to require the carrier to bear the liability of damages for the goods.