Legal Aspect Business & Transport

A 40 feet container said to contain 28 packages of car spare parts weighing 19,460 kg.
and measuring 28.53 cubic meters was shipped on a Combined Transport Bill of Lading
by Oversea Shipping Co. Ltd. (OverCo.), a multi-modal transport operator. The
shipment, originating in Gifu (Japan), was transported from the exporter’ factory by
Landfast Ltd., a trucking firm working on behalf of OverCo., to the rail yards at Nagoya.
From the rail terminal, the container was transported by JR railway Inc. to the Port of
Yokohama; it arrived at APM Yokohama Terminal 14 hours before OverCo.’s next
sailing closed and was allocated a slot on the apron.The container was loaded and the
ship sailed on an uneventful voyage to Yangon Port, where it was unloaded. After 6
hours in Yangon Port’s MITT terminal, the local road transport firm under a contract to
haul all of OverCo’s cargoes through Yangon Port, picked up the container and carried
it to Dagon Seik Kan ICD. From ICD, the container was carried to Myit Nge dry port,
Mandalay by rail which is operated Kerry Logistics under the contract made with
OverCo. There it delivered the container to the warehouse of KM Car Assembly
Company, the consignee.When the container was opened, 2 packages of the 28 were
found broken and damaged.
Following above this Combined Transport Bill of Lading including for PK, Weight,
Measurement, Port of loading, Port of discharge, Place of receipt, Place of delivery,
Shipping ETD and ETA, Loading Time.Oversea Shipping Co.Ltd.(OverCo) organized by
MTO. Therefore, We need to paid compensate whatever transaction.
The Carrier shall be liable for loss of or damage to the goods occurring between the
time when he receives the goods into his charge and the time of delivery.
The following three rule of ICC(International Chamber of Commerce) are-
(1) Hague Rules(1924)
(2) Hague/ Visby Rules(1968)
(3) Hamburg Rule(1978)
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Republic of the Union of Myanmar only use Hague Rules(1924) above in this three
rules. But, not appear container unit at this time. So,container units and compensate
detail showing in Hague Visby Rules(1968)Article IV Rule 5 (C).
Article IV.5(C) of the Hague Visiby Rules provides that-

“Where a container, pallet or similar article of transport is used to

consolidate goods, the number of packages or units enumerated in the bill of lading as
packed in such article of transport shall be deemed the number of packages or units for
the purpose of this paragraph as far as these packages or units are concerned.”
40’ container = 28 packages (19460kg)
Damages = 2 packages
= 2 x 666.67 SDR
= 1333.34 SDR(1SDR = $0.582)
(1SDR Reference Date =2.9.2019 to 8.9.2019)

So, Oversea Shipping Co.Ltd,(OverCo) should be pay to KM Car Co compensate

amount is 1333.34 SDR.As the name may indicate, it is a method of transportation of
goods from Japan(Nagoya) to Myanmar(Myint Nge,Mandalay Division) using Multiple
Modes of transportation, covered under one bill of lading. This point Japan(Nagoya) and
Myanmar(Myint Nge,Mandalay Division) are in different country. Multiple Modes of
transport include road, rail, air and sea.
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