Delay and the Rotterdam Rules

Legal Disputes under Time Charter in Connection with the Stranding of the MV Ever Given

“…The carrier is liable for loss and damage to goods, as well as for delay in delivery, if the claimant proves that the loss, damage or delay, or the event or circumstance that caused or contributed to it, took place during the period of the carrier's responsibility. Von Ziegler [42] demonstrated why the prevailing international rules for the law of carriage of goods by sea have not included harmonized rules on possible liability for delay, and for the most part have left the issue to national law, which in turn to a great extent has left the issue of liability for delay in maritime transport to the parties to contract freely on a time element and on how the contract is to function in the event of any delay. Sturley et al [43] discussed that the intrinsic merits of a new carriage convention can be disagreed on.…”

“…In addition, while the Hague-Visby Rules require that shippers notify the carrier in writing within three days of delivery if the loss or damage of goods is not evident, the Hamburg Rules extend this period to 15 days (Article 19, paragraph 2), and stipulate that the consignee loses the right to claim damages for delays if they do not notify the carrier in writing within 60 days of delivery (Article 19, paragraph 5). On the other hand, if the Rotterdam Rules of 2009 (Article 43 Obligation to accept delivery) were to be applied, Evergreen's period of responsibility regarding delays in delivery would begin when the ocean carrier or performing party receives the goods for their carriage, and then would end when the goods are delivered to the consignee (i.e., from door to door) [42,43]. In the end, if it is proven that the ocean carrier and time charterer Evergreen is not guilty of negligence in navigation with regard to the cause of the delays in delivery (within the period of responsibility), Evergreen will be exempted from liability.…”