Who Will Be Responsible For Container Demurrage Under Turkish Law? The Shipper Or The Consignee?

In a sea carriage arrangement, who bears responsibility for a claim for container demurrage that occurs at a discharge port under Turkish law? In order to have a successful claim, a carrier must choose carefully whether to pursue the contracting shipper or the consignee/lawful holder of the bill of lading. In this regard, delivery of cargo to the consignee plays an essential part in determining the responsible party for the carrier's claims arising from the charterparty and/or the bill of lading.

In a recent decision of the Maritime Specialized Court in Istanbul, the Carrier's claim against the Contracting Shipper was rejected because the liability shift from the Contracting Shipper to the Consignee for container demurrage occurred at the discharge port under Turkish law.