A company based in Lyon instructs a “freight forwarder” to export machinery to Brazil. The forwarder issues a bill of lading under its own letterhead, then hands the containers over to a major shipping line. One machine arrives broken. The forwarder points to the shipowner, and the shipowner points back to the forwarder. The exporter does not know whom to sue.
Three capacities, three regimes
The forwarding agent (transitaire) acts as an agent: it carries out its client’s instructions, books carriage in the client’s name and completes formalities. It is liable for its own faults in performing the mandate, which the client must prove.
The freight forwarder acting as principal (commissionnaire de transport) organises the carriage from end to end, in its own name and on behalf of its client, with freedom to choose the means and the subcontractors. The French Commercial Code makes it a guarantor: of arrival within the agreed time (Article L. 132-4 of the Commercial Code), of damage or loss, save as otherwise agreed or in case of force majeure (Article L. 132-5), and of the acts of intermediate forwarders (Article L. 132-6). It is therefore answerable for the sea carrier it selected, without the client having to prove any personal fault.
The NVOCC, a non-vessel-operating carrier, issues its own bill of lading (House B/L) and itself acts as shipper towards the shipowner, which issues a Master B/L. As regards its client, it is the contractual carrier, subject to the mandatory regime governing carriage by sea.
Characterise before acting
The characterisation does not depend on the commercial label but on what was actually done: who chose the carrier, in whose name the booking was made, what document was issued, and how much freedom the provider had in organising the carriage. A “forwarding agent” that issues a House B/L and freely organises the carriage is a commissionnaire or a contractual carrier. The characterisation determines the applicable regime, the limit of liability and the time limit.
Time limits
Claims against the commissionnaire are time-barred after one year; its recourse action against those it engaged must be brought within one month of the claim against it (Commercial Code, Article L. 133-6). Claims against the sea carrier are also time-barred after one year (Article L. 5422-18 of the French Transport Code). These periods run in parallel: suing one party does not suspend the time limit against the other.
What the firm checks first
- The contract or transport order, and the provider’s standard conditions.
- The document issued: House B/L, Master B/L, booking in the client’s name.
- The provider’s freedom in organising the carriage.
- The notices of loss given on arrival.
- The one-year and one-month time limits.
For the firm’s services, see Liability of the sea carrier.
Further reading
- The forwarder is holding your goods: the forwarder’s lien
- Door-to-door multimodal transport: when the place of damage is unknown
- International removals by container: belongings damaged or lost
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Is the freight forwarder liable for the shipowner’s fault?
Yes, it is answerable for the intermediate forwarders and carriers it selected (Commercial Code, Articles L. 132-5 and L. 132-6).
Does the forwarding agent guarantee the goods?
No, it is liable only for faults proven in the performance of its mandate.
What is the time limit for a claim against a freight forwarder?
One year (Commercial Code, Article L. 133-6).