Bill of Lading Disputes and Cargo Shortage Claims in Bangladesh

Few documents carry as much weight as a bill of lading. It is the receipt for your cargo, the evidence of the contract of carriage, and the key to the goods themselves. When something goes wrong with a sea shipment, the bill of lading is usually where the argument starts.

What is a bill of lading dispute?

A bill of lading dispute is a disagreement arising from the document that governs a sea shipment, which acts as receipt for the goods, evidence of the carriage contract, and document of title. Disputes commonly involve cargo shortage or damage, misdescription, or delivery of goods without production of the original bill.

The disputes that come up most

• Shortage or damage on arrival, where the cargo does not match what the bill records
• Clean versus claused bills, where a bill was issued clean but the goods were not in apparent good order
• Misdescription of quantity, weight, or condition
• Delivery without the original bill, where goods are released to the wrong party or against a letter of indemnity
• Title and financing disputes, where the bill secures a bank’s or buyer’s interest

Protect your position on delivery

If cargo arrives short or damaged at a port such as Chattogram, do not sign a clean delivery document. Note the discrepancy, arrange an independent survey, and give the carrier written notice immediately. A clean, unremarked receipt is the single most useful piece of evidence a carrier has against a later claim. The steps overlap with any marine cargo claim, and the sooner they are taken, the stronger the claim.

If goods were delivered without the bill

Releasing cargo without production of the original bill of lading is risky for a carrier and can leave it liable to whoever holds the bill. If your goods were handed over to someone else, or against a letter of indemnity, your rights as holder may still be enforceable, but they are time-sensitive.

Where this firm fits

Bill of lading and cargo-shortage disputes sit within the firm’s maritime practice, alongside cargo claims and ship arrest. If a shipment has gone wrong and the bill of lading is at the centre of it, an early review of the documents usually shows where you stand, speak with the advocate.