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Lawyers INTRODUCTION
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maritime or foreign trade laws,you can post it in the following
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| 1、What if the Bill of Lading is loss. What is the appropriate
way for the local company who tries to import to claim this
container of goods. Your view in the China context vs the international
commerce expectations. |
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Dear Sir or Madam,
A bill of lading is a document of title, against which a carrier
will and shall be liable to release the cargo stated therein.
So a consignee will be in trouble if original bills of lading
are lost. But there is some way to work the matter out and you
need take different measures if bills of lading of different
type are used. In the circumstance where a named bill of lading
is used, you may simply provide the carrier with a guarantee
for cargo delivery, while in the case where “to order” or blank
bills of lading are used, the situation could be much harder
for a consignee since the bill of lading is probably negotiated
to aweny third party, who will be entitled to take delivery
of the cargo unless in rare cases when faults is found on his
part. In the later case, we would suggest to make public declaration
first so as to prevent negation of the bill of lading and furthermore
according to relevant laws and regulations the bill of lading
will be held null and void after certain period of time. Again,
a consignee may provide a letter of undertaking to the carrier
for delivery of the cargo without presenting the original bill
of lading. Assuming that the original bills of lading are lost
on the way of postage, the shipper shall be responsible for
all the losses and expenses incurred and to be incurred. In
this particular situation as well as any other circumstance
where faults are found to be on the part of the shipper, the
shipper shall provide guarantee instead of the consignee.
Always remember that a carrier will not release the cargo without
obtaining original bills of lading or a guarantee, the question
here is who shall be responsible to provide it and a declaration
may be needed for certain kind of bill of lading lost.
The above is given on the basis of laws and regulations of PRC
as to the date hereof. We hope you may find the same helpful,
if you have further questions or queries, please do not hesitate
to contact us.
Vincent Xu
Richard Wang & Co.
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Richard Wang & Co.
18th Floor, Union Building
100 Yan An Road East, Shanghai 200002, P.R.C.
This message is strictly confidential and may be covered by
legal professional privilege. Please note that errors can
occur in electronically transmitted materials. We do not accept
liability for any such errors. If verification is required
please ask for a hard copy.
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| Richard
Wang & Co. INTRODUCTION |
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Richard Wang & Co., established in March
1994, is one of the first private law firms in Shanghai.
Richard Wang & Co. was founded by a number of experienced
judges and other legal professionals from Chinese judiciary and
various Chinese Government entities with a view of providing the
most accurate, comprehensive, unbiased and professional legal advice
and counsel to clients both at home and abroad. The firm is an independent
partnership, and has no affiliation with the Chinese government
and other domestic or foreign entities. It does have, however, close
working relationships with Chinese Government authorities and with
China's emerging business sector. It also has strong links with
overseas law firms in Asia, U.S.A., Europe and elsewhere. The firm
has worked with most of the foreign law firms active in China including
Freshfields, Baker & McKenzie, Coudert Brothers and White & Case.
Richard Wang & Co. offers its clients a broad range of high
quality legal services, and adhere to international standards of
attorney-client confidentiality. Based on the clients' needs, the
firm often acts for foreign and domestic clients for transitional
work including direct investment, finance and securities offerings.
It may also act as the client's permanent legal representative in
China, counsel during commercial negotiations, arbitrations and
litigations. The firm takes pride in providing thorough, insightful
and pragmatic analysis of government policies, laws and regulations,
as well as the current environment in China, which assists its clients
in understanding how to do business in China, and provides a basis
from which to make sound business decisions.
The lawyers at Richard Wang & Co. are highly qualified and
experienced. They share the distinction of having graduated from
prestigious Chinese law schools, and some have furthered their legal
education at American and British law schools and also have international
experience working in leading foreign law firms. Our lawyers aspire
to attain the highest quality in our work products to which our
multi-national and institutions clients are accustomed. Most of
our lawyers are well-versed in spoken and written English and have
experienced of representing some of the most sophisticated international
clients.
Richard Wang & Co. is being centrally run and emphasises
its tradition of teamwork and quality control by the senior members
of the firm.
Richard Wang & Co. is fully equipped with all modern computer
related facilities and has the experience, expertise and resources
to ensure that our clients receive the most professional, efficient
and cost-effective legal services available in China. The firm possesses
the necessary people resources in staffing the transactions.
Richard Wang & Co. has branch offices in Beijing and New
York, which are the only law offices in Beijing and New York set
up by a Shanghai-based law firm.
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Suite 1804-1810
Union Building
100 Yanan Road East
Shanghai 200002, P.R.China |
Tel ( 8621 ) 6326-5800
Fax (8621 ) 6323-8906 |
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Lawyer INTRODUCTION |
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Richard X.Y. Wang
Richard X.Y. Wang obtained his Bachelor of Science degree in business
management from Shanghai Maritime University in 1982 and LL.M. degree
from Peking University Law School. From 1984 to 1992, he has worked
initially as an assistant judge and then as a judge of the Shanghai
Intermediate Court and Shanghai Maritime Court for 8 years. From
1990, he spent two years visiting Canada and the United States,
during which time he worked in several American law firms and one
Canadian firm as a special international legal consultant. Since
1992, he joined the American law firm Coudert Brothers Shanghai
office as a senior consultant. In early 1994, he set up Richard
Wang & Co. in Shanghai. Mr. Wang specializes in international investment
law, international trade law, international maritime law, and especially
in dispute resolution law. Mr. Wang is fluent in English. Mr. Wang
is listed in Who's Who in the World by Marquis Who's Who (1998 and
1999 Edition), the Outstanding People of the 20th Century by the
International Biographical Center of Cambridge and the Asia 500
by Baron's Who's Who. Top
Thomas G.T. Guo
Thomas G.T. Guo (42), obtained his Bachelor of Law degree from
Jilin University in 1984. He had practised law in Fujian Foreign
Economic Law Firm, Richards Butler (Hong Kong), Zenith Law Firm
(Fuzhou) and S G & Co. Shanghai before he joined this firm in June
2000. He specializes in international trade law, international maritime
law, marine insurance law as well as litigation and arbitration
law. Mr. Guo has published and delivered several law books, i.e.,
Modern bill of Lading, The Art of Judgment, The Law and the Lawyers
Practice of International Economic and Trade, The Analysis of Current
China Foreign Economic & Trade Cases, CIF & FOB Contracts (4ed,
translation), Charterparties and Bills of Lading (20ed), International
Trade Law, Marine Insurance, and more than 170 papers in the fields
of commercial litigation, arbitration practice, international trade
law and maritime law. Mr. Guo is fluent in English.
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