London Arbitration 15/22

Multiple cargo Claimants, claiming cargo damage and short delivery under 14 B/Ls, alleged the cargo had been sold prior discharge to two of their number, who, as B/L holders had obtained title to sue pursuant to s.2(2)(a) of COGSA 1992. Shipowners put the Claimants to strict proof, from the outset, to evidence all endorsements and B/Ls movements, and that the cargo had not been sold onwards. The Tribunal placed little weight on witness evidence from the alleged cargo seller, nor on letters from the two Claimants confirming receipt of B/Ls and no onwards sale (produced some 4 years later). Contemporaneous material from the Claimants themselves was crucial – and absent.  The Claimants had not established title to sue and their claim was dismissed.