A Comparative Analysis on the Identification of the Bill of Lading Carrier

Where the carrying vessel is under a time charter, the identification of the bill of lading carrier is one of the controversial issues in the law regulating carriage of goods by sea. Cargo claimants are often not sure whom they should sue - the shipowner or the time charterer, or indeed both. This article attempts to examine some national courts attitudes toward the identification of the bill of lading carrier and to offer advice on how to deal with it. The comparative analysis of some national decisions shows that, in the absence of uniformity of international maritime law, the courts handling the identity of carrier problem often adopt different approaches. This article suggests that the identity of carrier problem must be approached from a commercial standpoint which takes account of the bill of lading holder s perception, placing more importance on the carrier s name on the heading of the bill of lading. Further, this article calls for an approach which will lead to joint liability of the shipowner and the time charterer when the bill of lading does not contain a clear statement as to the identity of the carrier on its face and or if the carrier is insolvent.