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【法宝引证码】
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- Type of Dispute：
Civil--＞Maritime --＞Maritime
- Legal document：
Judgment
- Procedural status：
Trial at Second Instance
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No.4 of Ten Model Maritime Trial Cases Published by the Supreme People's Court in 2017: China Merchants Logistics Group (Tianjin) Co., Ltd. v. ZIM Integrated Shipping Services Ltd. and Hefei Salter Chemical Co. Ltd. (Case about disputes over a contract on the carriage of goods by sea)
(Case about disputes over a contract on the carriage of goods by sea)
最高人民法院发布2017年度十件海事审判典型案例之四：招商局物流集团（天津）有限公司与以星综合航运有限公司、合肥索尔特化工有限公司海上货物运输合同纠纷案
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| No.4 of Ten Model Maritime Trial Cases Published by the Supreme People's Court in 2017: China Merchants Logistics Group (Tianjin) Co., Ltd. v. ZIM Integrated Shipping Services Ltd. and Hefei Salter Chemical Co. Ltd. (Case about disputes over a contract on the carriage of goods by sea) | | 最高人民法院发布2017年度十件海事审判典型案例之四：招商局物流集团（天津）有限公司与以星综合航运有限公司、合肥索尔特化工有限公司海上货物运输合同纠纷案 |
| [Basic Facts] | | 【基本案情】 |
| ZIM Integrated Shipping Services Ltd. (Israel) (hereinafter referred to as “ZIM Shipping Company”) and China Merchants Logistics Group (Tianjin) Co., Ltd. (hereinafter referred to as “Merchants Logistics Company”) concluded a booking agreement, which stipulated that: Merchants Logistics Company entrusted ZIM Shipping Company with serving as its import and export freight forwarding carrier in Tianjin Municipality; and if goods were not taken delivery at the destination port, Merchants Logistics Company would assume joint and several liability with the consignor for all liabilities, consequences, and expenses caused to ZIM Shipping Company. In August 2014, Merchants Logistics Company entrusted ZIM Shipping Company with carrying goods in a 20-GP container from Tianjin New Port to Odessa Port of Ukraine. ZIM Shipping Company issued an order bill of lading with Hefei Salter Chemical Co. Ltd. (hereinafter referred to as “Salter Company”) as the consignor and the bill of lading specified the time limit for free use of the container and the charging standards for overdue use. After the arrival of goods at Odessa Port, there was no consignee taking delivery of the goods with an original bill of lading. Afterwards, the goods were destroyed at the destination port, ZIM Shipping Company paid expenses incurred from destroying, stockpiling, and loading and unloading of such goods at the destination port. ZIM Shipping Company filed this lawsuit and requested the Tianjin Maritime Court to order that Merchants Logistics Company and Salter Company should jointly and severally pay various expenses at the destination port, expenses for overdue use of the container, and other economic losses, USD20,310 in total, and the interest thereof. In the trial of the case, both ZIM Shipping Company and Merchants Logistics Company claimed that the contractual disputes involved should be settled by applying Chinese laws. | | 以色列以星航运公司与我国招商物流公司签订的订舱协议约定，招商物流公司委托以星航运公司作为其在天津的进出口货物运输承运人；若货物在目的港无人提取，招商物流公司将与托运人对因此给以星航运公司所造成的一切责任、后果和费用承担连带责任。2014年8月，招商物流公司委托以星航运公司将一个20尺集装箱货物从天津新港运至乌克兰敖德萨港。以星航运公司签发了托运人为索尔特公司的指示提单，提单载明了集装箱的免费使用期与超期收费标准。货物到港后，一直没有收货人持正本提单提货。后货物在目的港被销毁，以星航运公司为此支付了目的港产生的销毁费用、堆存费、装卸费等。以星航运公司提起本案诉讼，请求判令招商物流公司、索尔特公司连带赔偿其目的港各项费用及集装箱超期使用费等经济损失20310美元及利息。案件审理中，以星航运公司与招商物流公司均主张适用中国法律处理本案合同争议。 |
[Judgment]
．．．．．． | | 【裁判结果】
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