On The Exertion Of The Right Of The Actual Shipper And The Obligation Of Document Delivery Of Freight Forwarder Under FOB Exports

In accordance with the relevant judicial interpretations, the actualshipper enjoy the right of requesting the carrier of issuing documents andrequesting the freight forwarder of delivering documents andindemnifying for the loss. While exercising such rights of requesting ofdocuments issuance and delivery, the actual shipper outweigh thecontractual shipper. Nonetheless, the actual shipper still need to take theinitiative to protect their interests by actively exercising such rights, incase they fell disadvantaged in lawsuits filed for indemnity.Taking into account all of the actual shipper’s reasonable concern fortheir own interests, the freight forwarder’s capacity of risk bearing andthe inclination of judicial policies hiding behind judicial interpretations, Ipropose the actual shipper’s evident requests of documents premises thefreight forwarder’s obligations of document delivery. Whereas, the freightforwarder’s obligation of reporting to the actual shipper should not bedeemed compulsory but optional judging by the freight forwarder’s ownviews of the difficulties within burden of proof.