Pursuing a Case Against the Right "Carrier"

By Noppramart Thammateeradaycho

In the complicated business of carriage of goods by sea, multiple parties may be involved in a single shipment of goods, including a freight forwarder, shipping agent, customs agent, ship owner, ship manager, charterer, and more. Identifying the actor that may be held liable for cargo damaged in transit, under Thailand's Carriage of Goods by Sea Act B.E. 2534 (1991) (COGSA), can be a complicated process, but it is a critical first step in recovering from the proper party.

If the incorrect "carrier" is selected, the plaintiff will waste time and money in pursuing the wrong defendant and will likely not secure any judgment from the court. In particular, if the case has been adjudicated, the plaintiff will likely be barred by the one-year prescription period from filing a claim against the real carrier. For smaller claims, the cost of filing two lawsuits against two different defendants may exceed the value of the claim.