J I Macwilliam Co Inc v Mediterranean Shipping Co Sa [2002] EWHC 593 (Comm) (17 April 2002)

A straight consigned bill of lading is not a bill of lading within Section 1(4) of COGSA 1971 because it is not a negotiable or transferable document of title; therefore, the Hague-Visby Rules do not apply compulsorily, and USCOGSA governs the limitation of liability.

Citation: [2002] EWHC 593 (Comm)
Parties: Claimant: J I MacWilliam Co Inc; Respondent: Mediterranean Shipping Co SA
Jurisdiction: England and Wales
Judgment Date: 17 April 2002
Procedural Posture: Appeal From Interim Final Arbitration Award / Judgment on Appeal
Outcome: Appeal dismissed
Legal Topics: Bills of Lading, Document of Title, Carriage of Goods by Sea, Limitation of Liability, Hague Visby Rules, US Carriage of Goods by Sea Act

Shipping Law International Trade Law Arbitration Bills of Lading Document of Title Carriage of Goods by Sea Limitation of Liability Hague Visby Rules +1 more

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Parties

J I MacWilliam Co Inc

Claimant

Mediterranean Shipping Co SA

Respondent

Procedural Posture

Appeal From Interim Final Arbitration Award / Judgment on Appeal

Legal Issues

1 Whether a straight consigned bill of lading is a bill of lading within Section 1(4) of COGSA 1971
2 Whether the port of shipment for the carriage was Felixstowe or Durban under Section 1(3) of COGSA 1971

Ratio Decidendi

Court Disposition

Appeal dismissed