Liaoning High Court recently issued a judgment ending a six-year
legal battle over a consignment of iron ore stored in Dalian Port.
The judgment addressed a tricky issue: where the warehouse receipt
holder is different from the bill of lading holder, and both
parties claim delivery of the cargo from the port authority, which
party's rights prevail, and, accordingly, to whom should the
port authority deliver the cargo?
Sinochem International Corporation ("Sinochem
China") v Dalian Port Corporation Limited ("Dalian
Port") & Third Party China Railway Materials Harbin Co.
Ltd ("CRM")
Facts
On 5 January 2012, Shenyang Orient Iron & Steel Co. Ltd
("Orient") entered into a warehousing agreement with
Dalian Port, in which both parties agreed that Dalian Port would
store, keep custody of, and transfer Orient's imported iron
ore, in Dalian port, over 2012 and 2013.
