Carriage of Goods By Sea Act , 1925
DEEPAK BANGERA
(Querist) 25 May 2011
This query is : Resolved
Whether Carrier as defined in the relevant Act also include NVOCC (Non Vessel Operation Common Carrier). NVOCC do issue bill of lading to the Shipper
Follwing are relevant definition as per the Act.
Definition
(a) "Carrier'' includes the owner or the charterer who enters into a contract of carriage with a shipper:
(b) "Contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same:
Whether NVOCC has any time held as liable for damage of Cargo. Please let me know the relevant caselaw
Guest
(Expert) 25 May 2011
NVOCC falls within the category of charter of the carrier vessel. A career, whether he is the owner or the NVOCC (who chartered the vessel/ship) cannot be absolved from the liability of damage of cargo.
