Lawyers Larry and Avon Won a Brazil Misdelivery Case for Nearly RMB 900,000

Recently, Attorneys Larry Zhou and Avon Zhao of Landing (Shenzhen) Law Office achieved a final and effective victory in a dispute arising from misdelivery without presentation of the original bill of lading. The Guangzhou Maritime Court ruled that the relevant carrier shall compensate the exporter for the outstanding cargo payment, freight losses, and corresponding interest, totaling nearly RMB 900,000.

In this case, a cross-border trade dispute arose between an export enterprise and a Brazilian buyer. After the cargo was shipped, the relevant carrier released the goods at a port in Brazil without retrieving the original bill of lading, causing the Brazilian buyer to take delivery of the goods but fail to complete payment as agreed. As a result, the exporter suffered losses including the unpaid purchase price and freight charges.

After accepting the engagement, Attorneys Larry and Avon systematically reviewed the transaction structure, the circulation of the bill of lading, the delivery of the goods, and the formation of the losses. They then formulated a targeted litigation strategy focusing on key disputed issues, including whether the carrier should bear liability for misdelivery without presentation of the original bill of lading, whether any exemption from liability applied, how the cargo value and loss amount should be determined, and whether the defenses raised by the other side could be sustained.

The core issue in this case was whether the carrier could be exempted from liability on the ground that Brazil is a high-risk jurisdiction for misdelivery without presentation of the original bill of lading.

During the trial, the opposing party argued that Brazil is a high-risk jurisdiction for such misdelivery and that it therefore should not bear liability. It also challenged the cargo value, the payment status, and whether the claim constituted double recovery.

Our attorneys advanced the following principal arguments: first, the carrier is legally obligated to deliver the goods only against presentation of the original bill of lading, and it failed to prove that any exemption recognized under Brazilian law applied; second, the commercial invoices, packing lists, and communication records submitted by the plaintiff corroborated one another and were sufficient to establish the cargo value; third, the plaintiff had merely engaged in repayment discussions with the buyer, and since the buyer had not made full payment, the plaintiff’s right to claim compensation from the carrier remained unaffected.

The Guangzhou Maritime Court fully adopted our arguments and ruled that the carrier shall compensate the plaintiff for the cargo loss, freight loss, and corresponding interest, in a total amount of approximately RMB 900,000.

This successful outcome effectively protected the exporter’s lawful rights and interests in cross-border cargo transportation and once again demonstrated the professional expertise and practical experience of Attorneys Larry and Avon in international trade disputes and maritime dispute resolution.