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Liability and Legal Considerations Under a Bill of Lading in Indonesia
In the shipping industry, understanding the liability and legal considerations under a bill of lading is essential for carriers, shippers, and other stakeholders. This article delves into the liability attached to the carrier, the identification of “the carrier,” the relevance of the proper law of the bill of lading, and the recognition and enforcement of jurisdiction clauses in Indonesia.
Liability Under a Bill of Lading
Under the bill of lading in general, the liability is attached to the carrier. This aligns with the definition of a bill of lading in Article 506 of the Indonesian Commercial Code (ICC), which states: “A bill of lading is a dated document in which the carrier explains that he has received certain goods, with the intention of transporting the goods to a designated place, and hand it over there to the person appointed, as well as the terms of the agreement under which the handover will be carried out.”
Identification of the Carrier
Article 466 of the ICC defines a carrier as someone who commits himself, either by a time-charter or a voyage-charter, or by any other agreement, to undertake the shipping of goods, in entirety or in part, by sea. According to Article 468 of the ICC, the transportation contract obliges the carrier to take good care of the goods being transported from the moment of receipt until delivery. The carrier is liable for damages caused by his inability to deliver all or part of the goods, unless he can prove the damage was due to an unavoidable condition, the nature of the goods, or a fault of the deliverer. He is also responsible for the actions of his employees and for all things used in transportation.
Proper Law of the Bill of Lading
In Indonesia, the regulation of bills of lading refers to Articles 504 – 517b of the ICC, which stipulate that a bill of lading serves as a receipt for goods, proof of ownership of goods, and a transportation agreement. The proper law of the bill of lading is relevant as it governs these aspects.
Recognition and Enforcement of Jurisdiction Clauses
Indonesian courts generally recognize and enforce jurisdiction clauses in contractual disputes, based on Civil and Procedural Law and the principle of freedom of contract.
Conclusion
Understanding the liability and legal considerations under a bill of lading is critical for maritime operations in Indonesia. By comprehending the roles and responsibilities of the carrier, the proper law governing bills of lading, and the enforcement of jurisdiction clauses, stakeholders can navigate the legal landscape effectively.
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Anggraeni and Partners, an Indonesian law practice with a worldwide vision, provides comprehensive legal solutions using forward-thinking strategies. We help clients manage legal risk and resolve disputes on admiralty and maritime law, complicated energy and commercial issues, arbitration and litigation, tortious claims handling, and cyber tech law.
S.F. Anggraeni
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Reynalda Basya Ilyas
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Melvin Julian
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