CML Working Paper (CML-WPS-2002)

Paul Myburgh
National University of Singapore (NUS) – Faculty of Law
Date Written: October 9, 2020

Abstract

Identifying the correct carrier to sue is a perennial problem. The cargo claimant’s choice of whom to sue is made even more difficult where the carriage of goods involves transport intermediaries or a complex chain of charters. Stringent time bars and the need to issue proceedings against the right party, and in a competent forum, further raise the stakes and add to the urgency of the claimant’s choices. Three recent decisions of the High Court of England and Wales involving similar facts illustrate the potential pitfalls posed by the identity of carrier issue, as well as the possibilities of exercising judicial discretion to extend the time for commencement of arbitration proceedings where the carrier’s misleading conduct has contributed to the time bar being missed.