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contracts of maritime freight forwarding

abstract: Disputes over contracts of maritime freight forwarding include disputes arising from the rendering of services such as booking space, customs declaration, quarantine declaration, inspection declaration and insurance services

  Keywords:freight forwarding

  ⅰ. Jurisdiction: where the parties have agreed on a place of performance in a contract, such a place of performance shall be the place where the contract is performed (jurisdiction agreements shall not violate the provisions of laws regarding hierarchical jurisdiction and exclusive jurisdiction). Where the parties fail to agree on or clearly agree on a place of performance in a contract, and the subject matter of dispute is the payment of money, the place where the recipient of money is located shall be the place where the contract is performed; for any other subject matter, the place where the party performing the agreed obligations is located shall be the place where the contract is performed. Where a contract is not actually performed, and the place of domicile of either party is not the place of performance as agreed on in the contract, the people's court at the place of domicile of the defendant shall have jurisdiction.

freight forwarding

  ⅱ. Disputes over contracts of maritime freight forwarding include disputes arising from the rendering of services such as booking space, customs declaration, quarantine declaration, inspection declaration and insurance services; the rendering of services such as packaging, loading inspection, unloading inspection, container packing and unpacking, allocation and transshipping; the making or delivery of documents or the settlement of expenses; the rendering of storage and overland transport services and the handling of other marine freight forwarding affairs.

  ⅲ. If a freight forwarding enterprise, as the plaintiff, bring action against the consignor for payment of freight forwarding charges, the plaintiff should file evidence regarding the existence of delegation relationship between the two parties (such as booking order, contract of freight forwarding, etc.), the plaintiff has fulfilled his contractual obligation (such as bill of lading, custom declaration, etc.) and the defendant’s overdue of freight forwarding charges.

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