Cargo interests may bring a cargo claim against the carrier in varied ways. First, however, does the claimant has title to sue under the bill of lading? If not, the claim is thrown out, and the carrier will find a quick escape route from the claim- demolishing the claimant’s locus standi.
London Arbitration 15/22, highlights the importance of establishing title to sue in cargo claims recovery. Also, it helpfully reflects the complexities in establishing title to sue, which cannot always be straightforward. And it guides on procedural issues regarding witness statements submitted by the claimants and other evidence to ground their case but unsuccessfully here.
*This is only a short commentary on the published summary. The reader should visit the LMLN website https://www.lmln.com/ Lloyd’s maritime law newsletter to read the award.