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The Intricacies of Timely Cargo Delivery: Navigating the Sea Carrier's Obligations

The Intricacies of Timely Cargo Delivery: Navigating the Sea Carrier’s Obligations

 

Delivering goods by sea is the result of an immense number of parties and contracts coming together to fulfil the task. No matter how easy it might seem on the surface, there is an underlying complexity to these voyages involving goods, and no contract is the same as another. While the sea carrier, the entity responsible for transporting the goods, is at the heart of the completion of each particular voyage for goods, the responsibility of that carrier directly depends on the type of agreement each party decides to enter into.

In scenario one, the sea carrier’s liability is more substantial, because a time of delivery was stipulated and specified in the Bill of Lading. In that case, the carrier has the obligation to deliver by the contractually agreed time. Failure to do so makes the carrier liable to pay damages to the consignee or holder for all direct damages occasioned by the delay. The sea carrier can breach his contractual obligation to deliver by the stipulated time that was agreed upon, and therefore the consignee can suffer loss and sue the carrier.

Scenario two is far more complicated since there is no delivery date set beforehand and the sea carrier thus has to transport the goods ‘within a reasonable time, care being taken that performance of the entire obligation takes place with the speed customarily observed in the trade concerned.’ Here the reasonable timeline – where the stakes are high – is any timeline that can be deemed appropriate by the court. And if the carrier fails to live up to these general expectations of reasonableness, he has to make reparations for the damage that the consignee or his assignee has suffered.

Coincidentally, exculpatory circumstances can let the sea carrier off the hook in the face of circumstances imputable to him – such as the perils of the sea, fire, storms, obstructions, surprises, pirates, fiends, thieves, jettison and strangers – that are beyond his control. However, the carrier must demonstrate that the causes could not have been foreseen and foiled.

Navigating the intricacies of timely cargo delivery via maritime routes can be challenging, but it is essential for all parties involved to understand their roles and responsibilities. The sea carrier’s obligations regarding cargo delivery are critical to the success of any maritime transportation operation, and understanding the nuances of these obligations can help prevent disputes and legal action.

The timely delivery of cargo is a crucial aspect of Maritime Trade Law, and it is imperative that the sea carrier’s obligations are fulfilled in a timely and efficient manner. However, there are instances where unforeseen circumstances may arise that can impede the timely delivery of cargo. In such cases, the carrier may be able to substantiate that the delay was caused by factors outlined in Article 275 of the Maritime Trade Law No. 26, issued on 11/07/1981 and amended by Law No. 11 of 1988.

Navigating the complex web of Maritime Trade Law to ensure timely delivery of cargo requires a careful balance of various factors. One such factor is the predetermined delivery date, which must be meticulously planned and adhered to by the sea carrier. In addition to this, reasonable timeframes must be established to ensure that delays do not occur and the cargo is delivered within the stipulated time frame.

However, even with meticulous planning and adherence to delivery dates and reasonable timeframes, unforeseen circumstances can arise that may impede the delivery of cargo. This is where exculpatory circumstances come into play. These are circumstances that are beyond the control of the sea carrier, such as natural disasters, political instability, or other such events that may prevent the timely delivery of cargo. In such cases, the carrier may be able to invoke Article 275 of the Maritime Trade Law No. 26 to substantiate that the delay was caused by factors beyond their control.

Overall, the importance of timely delivery of cargo cannot be overstated in the context of Maritime Trade Law. The sea carrier’s obligations must be carefully balanced, ensuring fairness and accountability for all parties involved. By navigating the nuances of predetermined delivery dates, reasonable timeframes, and exculpatory circumstances, the sea carrier can ensure that they fulfill their obligations in a timely and efficient manner, while also mitigating any unforeseen circumstances that may arise.


The author of this insight is Ahmed Elfiky. Ahmed is an associate in the firm’s Abu Dhabi office with extensive experience in dispute resolution in the MENA region. Throughout his career, Ahmed manages a diverse range of contentious and non-contentious matters from varied sectors, including maritime trade and transport, aviation, compensations, commercial and civil cases.

For more information, please contact Ahmed at:

Ahmed Elfiky 
Associate
ahmed.elfiky@galadarilaw.com