Charter-Party & Bill of Lading Disputes

ข้อพิพาทสัญญาเช่าเรือและใบตราส่ง (Charter Party / B/L) · § CrossBorder
What to know before you act
Shipping disputes usually start with cargo damage, shortage, delay, demurrage or delivery without original bills of lading. Your rights depend on whether you are a charterer or bill-of-lading holder and the governing law — Thailand's Carriage of Goods by Sea Act or a foreign law the contract chooses. We secure evidence on discovery, send timely notices, coordinate surveyors and insurers and pursue litigation or arbitration.
Timing and external dependencies: Notice periods and limitation are short — check the contract and law immediately.
Official fee: Court or arbitration fees by claim value — confirm current rates with the court or institution.
Timing is not a promise of an outcome or hearing date. Check the notice, limitation period and current authority rules for your matter.
What to send for the first review
Send every relevant page, a dated sequence of events, any hearing or filing deadline, and the outcome you need. This lets counsel identify urgent steps, missing evidence and a precise scope of work.
- Charter party (GENCON/NYPE) or original B/L
- Statement of Facts (SOF) + NOR + Time Sheet
- Cargo survey report (Lloyd's Agent/SGS) preliminary + final
Legal Basis
Carriage of Goods by Sea Act B.E. 2534 · IP & International Trade Court Act B.E. 2539 · Hague-Visby Rules · Hamburg Rules · Rotterdam Rules (not in force) · BIMCO forms (GENCON 94, NYPE 2015, SHELLTIME 4) · York-Antwerp Rules 2016 (general average) · LMAA Arbitration Terms 2021.
📚 Official sources — check the current law and procedure before acting
- สำนักงานศาลยุติธรรม— Court of Justice
- สถาบันอนุญาโตตุลาการ (THAC)— Thailand Arbitration Center
- กรมทรัพย์สินทางปัญญา— Department of Intellectual Property
- สำนักงานคณะกรรมการกฤษฎีกา — ตัวบทกฎหมายฉบับทางการ— Office of the Council of State
Who Needs This
Shippers, consignees, shipowners, voyage/time charterers, P&I Clubs, freight forwarders, NVOCCs.
Required Documents
- Charter party (GENCON/NYPE) or original B/L
- Statement of Facts (SOF) + NOR + Time Sheet
- Cargo survey report (Lloyd's Agent/SGS) preliminary + final
- Mate's receipt + tally sheet + stowage plan
- Master's protest + logbook extract + weather routing report
- P&I Club correspondence + LOU.
Common Pitfalls
- Taking delivery without noting damage on receipts
- Missing notice or limitation deadlines
- Not checking law and arbitration clauses in the bill of lading
Typical Use-cases
- Rice exporter BKK→Nigeria · USD 1.2M wet damage · P&I settled 68% after LMAA notice.
- Steel importer · 45-day demurrage at Laem Chabang · defended on congestion + unsafe berth · won.
- Container shipping · 3-TEU short delivery · Himalaya extended to NVOCC · claim redirected.
- Chemical tanker · off-hire main-engine breakdown · owner recovered USD 380K hire.
FAQ
- Can carriers limit liability?
- Usually per package or weight, unless the cargo value was declared.
- Can we sue after insurers pay?
- Insurers typically take subrogated rights and pursue the carrier.
- Which court hears it?
- The Central Intellectual Property and International Trade Court.
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Official sources — legal services
The information on this page follows the official sources below. Always check the latest version before you file.
- Office of the Judiciary— Office of the Judiciary
- Ministry of Justice— Ministry of Justice
- Lawyers Council of Thailand — Notarial Services Attorneys— Lawyers Council of Thailand
- Office of the Council of State — Thai law database— Office of the Council of State
- Royal Thai Government Gazette— Royal Thai Government Gazette
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Generally no for activities listed in the Foreign Business Act, where majority foreign ownership requires a Foreign Business Licence, a BOI promotion, or treaty rights such as the US–Thailand Treaty of Amity. Manufacturing and certain export activities are largely open, and BOI-promoted activities can permit full foreign ownership together with land-holding and visa privileges, so the right structure depends on the specific activity.
- What is the minimum registered capital for a Thai company?
- There is no general statutory minimum for a Thai-majority company, but practical thresholds apply: a fee quoted after review million of paid-up registered capital per foreign work permit, or a fee quoted after review million if the foreigner is married to a Thai national, and a fee quoted after review million per foreign shareholder for a Foreign Business Licence. Capital should therefore be planned around the visa and work-permit outcome you need, not the incorporation minimum.
- How long does company registration take?
- Registration at the Department of Business Development can be completed within one to three working days once the name reservation, shareholder documents and company objectives are ready, and the VAT registration and social security registration follow afterwards. The realistic end-to-end timeline including bank account opening is two to six weeks, with the bank account usually being the slowest step for foreign directors.
- What ongoing accounting obligations does a Thai company have?
- Every Thai company must keep statutory accounts, file monthly withholding tax (PND 1, 3, 53) and VAT (PP 30) returns by the middle of the following month, file the half-year corporate income tax return (PND 51) and the annual return (PND 50), and have its financial statements audited by a Thai CPA and filed with the DBD each year. Dormant companies are not exempt — nil returns and an audited statement are still required.






