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Focus on logistics newsletter-International shipping company MSC lost the case!

International shipping company MSC lost the case!


MSC, the world's largest shipping company, lost a lawsuit with its customer, American furniture manufacturer MCS Industries, and MSC was awarded compensation of US $861,706.5 (about RMB 6.2 million) and interest to shipper MCS.


It is reported that the lawsuit started at the end of July 2021, when MSC was sued by furniture manufacturer MCS Industries, on the grounds that the shipping company monopolized the market, colluded with freight, failed to fulfill the contract, and changed the shipping space to sell at a high price in the market, forcing the furniture manufacturer to pay an ultra-high spot price before transporting the goods from Asia to the west coast of the United States.


In January 2022, MSC issued a press statement calling MCS Industries' allegations "baseless" and unilaterally stating that MCS Industries had withdrawn its allegations about the liner. However, the lawsuit was not dropped as MSC said.


On January 13, last year, the Federal Maritime Commission of the United States made a "preliminary breach ruling" on the case of MCS suing MSC, and found that MSC breached the contract and should compensate MCS for the losses caused by it of US $944,655 and the interest calculated from July 31,2021. Last month, the Federal Maritime Commission of the United States made a "final ruling" on this case, and sentenced MSC to compensate shipper MCS totaling US $861,706.5.


In addition, the FMC did not accept MSC's claim that the information it requested in this case was prohibited under the laws of Switzerland, the country in which it was registered. MSC will face sanctions from the FMC for the delay caused by MSC's refusal to disclose various important documents related to this case! 




国际海运船公司MSC败诉!


       全球最大船公司MSC在与其客户--美国家具制造商 MCS Industries的一起诉讼案中败诉,MSC被判向托运人MCS赔偿861706.5美元(约合人民币620万)及利息。


       据悉,这起诉讼起始于2021年7月底,当时MSC被家具制造商MCS Industries 告上法庭,理由是船公司垄断市场、串通运费、不履行合约、将舱位转手在市场卖高价,迫使这家家具制造商支付超高的现货价格才能将货物从亚洲运往美国西海岸。


       2022年1月,MSC 发布了一份新闻声明,称 MCS Industries的指控“毫无根据”,并单方面指出:MCS Industries 已撤回有关这家班轮的指控。然而,这起诉讼案却并未如MSC所言撤诉。


       去年1月13日,美国联邦海事委员就MCS起诉MSC一案作出“初审违约裁决”,并认定MSC违约并应赔偿由此给MCS造成的损失944655美元及自2021年7月31日起算的利息。上个月,美国联邦海事委员会对此案作出“终审裁决”,改判MSC赔偿托运人MCS合计861706.5美元。


       此外,由于在此案中,MSC曾多次向FMC主张,其要求披露的信息为其登记国瑞士法律所禁止披露,但FMC却并未采纳MSC的主张。并且由于MSC拒绝披露有关此案的各种重要文件而造成的延误,MSC将面临来自FMC的制裁!