Applicant head freight forwarder, after entrusted by the cargo owner to transport the cargo, sub-entrusted Respondent sub freight forwarder to actually perform the transportation. The cargo started from Yokohama, Japan and arrived at Lianyungang, China. As planned, the cargo was to be further carried to Kazakhstan by rail, but Respondent refused to arrange the rail carriage by reason that outsider SOYUZ TRANSLINK owed debts to it, and as a result the cargo was detained in Lianyungang. Applicant paid the agency fees to Respondent and demanded it to release the cargo. Respondent remained detaining the cargo, then, to avoid further losses, Applicant informed it that the agency agreement between them was terminated and applied to the court for maritime injunction to enforce Respondent to release the cargo. The court held that the application accorded to the statutory provisions and would be granted, because (i) Applicant had paid off the agency fees under and requested for termination of the agency agreement between the parties; and (ii) Respondent refused to arrange the rail carriage or release the cargo, which had detained the cargo in Lianyungang for half year, and allowing Respondent to further detain the cargo without good reason would accumulate excessive losses.

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SOYUZ TRANSLINK LLP v. Shenzhen Yunda Logistics Supply Chain Service Co., Ltd.

  • Martin Davies,
  • Jiang Lin

摘要

Applicant head freight forwarder, after entrusted by the cargo owner to transport the cargo, sub-entrusted Respondent sub freight forwarder to actually perform the transportation. The cargo started from Yokohama, Japan and arrived at Lianyungang, China. As planned, the cargo was to be further carried to Kazakhstan by rail, but Respondent refused to arrange the rail carriage by reason that outsider SOYUZ TRANSLINK owed debts to it, and as a result the cargo was detained in Lianyungang. Applicant paid the agency fees to Respondent and demanded it to release the cargo. Respondent remained detaining the cargo, then, to avoid further losses, Applicant informed it that the agency agreement between them was terminated and applied to the court for maritime injunction to enforce Respondent to release the cargo. The court held that the application accorded to the statutory provisions and would be granted, because (i) Applicant had paid off the agency fees under and requested for termination of the agency agreement between the parties; and (ii) Respondent refused to arrange the rail carriage or release the cargo, which had detained the cargo in Lianyungang for half year, and allowing Respondent to further detain the cargo without good reason would accumulate excessive losses.