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A Spanish company A has transported dates from UAE to France and has not been paid by the consignor, company B, established in UAE. Their contract is governed by Spanish law. Therefore, A has sued in front of a French court, to be paid for the transportation, company C, French company established in France, recipient, based on article L.132-8 of the French Commercial Code.
Article L.132-8 French Commercial Code states:
“The bill of lading shall form a contract between the consignor, the carrier and the recipient or between the consignor, the recipient, the commission agent and the carrier. Carriers shall therefore have a direct claim for payment of their services against the consignor and the recipient who shall act as guarantors for the payment of the transport cost. Any clause to the contrary shall be deemed to be unwritten”. (attached the methodology)
1- What arguments may be presented by each party?
2- Would your opinion be similar if the dispute was solved by an arbitral tribunal in London?
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