Larry and Avon Secured Compensation for E-commerce Enterprise's Dispute with Freight Forwarder
A cross-border e-commerce enterprise, utilizing platforms like Amazon, to sell products in overseas markets required exporting products abroad for storage in overseas warehouses and subsequent shipment to Amazon warehouses as per schedule.
Several years ago, the enterprise entrusted a logistics company to handle the export of goods from China to overseas warehouses for storage. Over the years, numerous batches of high-value goods were exported in collaboration between the two parties.
However, during a stock inventory check, the enterprise discovered a significant quantity of missing goods, amounting to nearly a million . Despite the acknowledgment of the loss by the logistics company during discussions, they refused to compensate. Negotiations reached an impasse, causing delays and hindering resolution.
Determined to address the issue, the e-commerce enterprise sought legal assistance from Senior Partner Larry Zhou from Landing (Shenzhen) Law Office. Attorneys Larry and Avon were appointed to represent the enterprise and filed a lawsuit against the logistics company, seeking compensation for the losses.
Upon analyzing the case based on the client's statements and provided documentation, our lawyers identified several challenges:
The speculated time of the loss dated back several years, making it difficult to collect comprehensive evidence and reconstruct the factual background due to turnover in personnel involved at the time.
The services provided by the logistics company encompassed transportation, customs clearance, last-mile delivery, and overseas storage, lacking direct evidence to prove the segment of the loss.
The logistics company is highly likely to shift the blame onto the overseas agent, demanding that the principal should hold the overseas agent accountable.
Differences in the statute of limitations for claims against carriers, freight forwarders, and multimodal transport operators required careful determination of dispute classification and basis for claims.
Despite these challenges, our lawyers guided and assisted the client in gathering evidence and initiating legal proceedings.
During the trial, under the court's guidance, as both parties expressed a willingness to mediate and their proposed solutions were not significantly divergent, our lawyers advised the client to pursue mediation to expedite the recovery of funds and mitigate losses, considering economic benefits and the predicted outcome of litigation.
Ultimately, a settlement was reached, and the logistics company completed payment. Our representation enabled the e-commerce enterprise to resolve the dispute smoothly.
