Analysis On The Legal Status Of International Freight Forwarder During Demurrage Disputes

In reality, there are disputes happening occasionally on container demurrage during containertransportation. It is a kind of industry practice for the carrier charging the container demurrage asthe international freight forwarding enterprise pays container demurrage or prepay it to the carrierto maintain relations of cooperation between them, obtain competitive advantage and achievefreight rate of competitive advantage, which is common occurrence and also the important way toshift the operational risk. However, there are some difficulties for the pursuing of recovery fromconsigner or next freight forwarding enterprise for international forwarding agent after its paymentor prepayment of container demurrage. International freight forwarding enterprise is subject forcontainer demurrage, and there are controversies often happening like the determination ofcontainer demurrage nature and rate standard. There is no laws to make clear on unified qualitativerules and standards for container demurrage, different judgments given by different maritimecourts nationally on demurrage disputes, and what’s more, there are relatively few writings in theaspect of theoretical research for it.In this paper, it will make detailed analysis on the legal status of international freightforwarder during demurrage disputes by following parts: The first part will briefly introduce theconcept¤t situation of international freight forwarder to make a foreshadowing for below;The second part will focus on the international legal status of freight forwarders in cases ofdemurrage disputes, including the defendant position of international freight forwarding in cases ofdemurrage disputes, as well as its plaintiff’s position on pursuing of recovery of demurrage to makemore legal and reasonable for payment or prepayment of container demurrage, and pursuing ofrecovery of container demurrage; the third part will make a detailed analysis on careful reviewobligation for an international freight forwarder in payment&prepayment of container demurrageincluding review of container demurrage rationality and the statute of limitations based oncombination of cases, laws&practice, and then puts forward distinct suggestions on containerdemurrage standard setting to achieve a virtuous cycle for international freight forwarder in chargetransfer link, reduce the risk for final container demurrage that is because consignee or consignorinappropriately or fails to perform contract of carriage of goods by sea.