Article 1: These regulations apply to the following disputes that arise when a freight forwarding enterprise accepts the entrustment of the principal to handle freight forwarding affairs related to maritime cargo transportation:

(1) Due to the provision of orders Disputes arising from cargo shipping, customs declaration, inspection declaration, inspection declaration, and insurance services;

(2) Provision of packaging, loading supervision, unloading supervision, container loading and unpacking, distribution, and transit services Disputes that occur;

(3) Disputes arising from the preparation and delivery of relevant documents and settlement of fees;

(4) Disputes arising from the provision of warehousing and land transportation services Disputes;

(5) Disputes arising from handling other maritime freight forwarding firms. Article 2 When the People's Court hears cases of maritime freight forwarding disputes and determines that different legal relationships such as agency, transportation, and warehousing are formed between a freight forwarding enterprise and its client due to its handling of maritime freight forwarding affairs, the relevant legal provisions shall be applied respectively. Article 3 The people's court shall, based on the nature of the rights and obligations stipulated in the written contract, comprehensively consider the name and method of remuneration obtained by the freight forwarding enterprise, the types of invoices and charging items, the transaction habits between the parties, and other circumstances of the actual performance of the contract. , determine whether the maritime freight forwarding contract relationship is established. Article 4 If a freight forwarding company issues bills of lading, sea waybills or other transport documents in its own name when handling maritime freight forwarding affairs, and the client claims that the freight forwarding company assumes the responsibility of the carrier based on this, the People's Court shall support it.

If a freight forwarding company issues a bill of lading, sea waybill or other transport document in the name of the carrier's agent, but cannot prove that it has obtained the carrier's authorization, and the client claims that the freight forwarding company assumes the carrier's liability based on this, the people's The court should support it. Article 5: The principal and the freight forwarding enterprise have agreed on the sub-entrustment authority, and if a party claims that the principal agrees to the sub-entrustment regarding maritime freight forwarding matters within the scope of authority, the people's court shall support it.

There is no agreement on the entrustment authority. The freight forwarding company or a third party claims that the principal knows that the freight forwarding company has entrusted or partially entrusted the maritime freight forwarding affairs to a third party and has not expressed any objection. If the client agrees to sub-entrustment, the people's court will not support it, unless the client's behavior clearly indicates that he accepts the sub-entrustment. Article 6 If one party, based on the transaction habits of both parties, has reason to believe that the actor has the right to conclude a maritime freight forwarding contract on behalf of the other party, and the party claims that the contract is established in accordance with the provisions of Article 172 of the Civil Code, the People's Court shall be supported. Article 7 The maritime freight forwarding contract stipulates that the freight forwarding enterprise shall deliver the documents obtained for handling maritime freight forwarding affairs on the condition that the principal pays the relevant fees. If the freight forwarding enterprise refuses to deliver the documents on the grounds that the principal has not paid the relevant fees, the People's Court shall should be supported.

If the contract has not been stipulated or the stipulation is unclear, and the freight forwarding enterprise refuses to deliver documents on the grounds that the principal has not paid the relevant fees, the people's court shall support it, except for bills of lading, sea waybills or other transport documents. . Article 8 A freight forwarding enterprise accepts the entrustment of the contracted shipper to handle booking matters, and at the same time accepts the entrustment of the actual shipper to deliver goods to the carrier. The actual shipper requests the freight forwarding enterprise to deliver the bill of lading, sea waybill or other transportation documents it has obtained. , the People's Court should support it.

A contract shipper refers to a person who concludes a maritime cargo transportation contract with a carrier in his own name or on his behalf or on his behalf.

The actual shipper refers to the person who personally or entrusts others to deliver the goods to the carrier related to the maritime cargo transportation contract in his own name or on his behalf. Article 9 If a freight forwarding enterprise completes maritime freight forwarding affairs in accordance with the general entrustment authority and requests the principal to pay relevant reasonable fees, the People's Court shall support it. Article 10 If the client claims that the freight forwarding enterprise shall bear the corresponding liability for compensation on the grounds that the freight forwarding enterprise's handling of maritime freight forwarding affairs has caused losses to the client, the People's Court shall support the claim, unless the freight forwarding enterprise proves that it is not at fault.

Article 11 If a freight forwarding company fails to fulfill its duty of care and enters into a maritime cargo transportation contract with a non-vessel operating common carrier that fails to register a bill of lading with my country's transportation authorities, causing losses to the client, it shall bear corresponding liability for compensation. Article 12 A freight forwarding company accepts the entrustment of a non-vessel operating common carrier that has not registered a bill of lading with the transportation authorities in my country to issue a bill of lading. The parties claim that the freight forwarding company and the non-vessel operating common carrier are jointly and severally responsible for the losses under the bill of lading. If responsible, the People's Court shall support it.

After the freight forwarding company assumes liability for compensation, it has the right to recover compensation from the NVOCC business operator. Article 13: Litigation initiated due to disputes listed in Article 1 of these Regulations shall be under the jurisdiction of the Maritime Court. Article 14 During the trial of the case, the People's Court found that a freight forwarding company that did not have the qualification to operate the NVOCC violated the provisions of the "Regulations of the People's Republic of China on International Shipping" and issued bills of lading and sea waybills in its own name. or other transport documents, judicial suggestions should be issued to the relevant transportation authorities and recommended that the transportation authorities impose penalties. Article 15 These regulations do not apply to freight forwarding dispute cases related to coastal and inland waterway cargo transportation.