· A recent filing with the FMC by OJ Commerce (OJC) provides email proof that a former executive with Hamburg Sud stated, “we should not engage in any renewal discussions with (OJC) in light of the potential litigation.”. This statement was an internal email from the executive with a colleague. And this references a threat made by OJC to seek legal action against Hamburg Sud for not providing the minimum quantity commitment (MQC) during the 2020-2021 contracted agreement between the carrier and furniture company.
· Prior to the Ocean Shipping Reform Act of 2022 (OSRA-22) passed in June there was no specific restriction on retaliation by ocean carriers. However, with the new reform act there is a provision that carriers should not retaliate against shippers for any legal action filed.
· The first portion of this case was dismissed by the presiding judge in regards to the MQC not being meet by Hamburger Sud according to OJC however this revision filed back in February was allowed to continue as OJC is being allowed to submit additional evidence. This case is moving forward under the prior shipping act that barred carriers from “unreasonably refusing service and other unfair or unjust discriminatory methods”.
Thursday November 17, 2022
Comments