Carriers brace for more official complaints from emboldened BCOs as MSC fights a protracted case

Shippers are likely to feel emboldened to doggedly pursue ocean carriers in the courts as the liner party fizzles out and out-of-pocket clients seek retribution.

In a sign of this new found persistence, Pennsylvania-based home decor MCS Industries shows no sign of letting up in its battle with the world’s largest containerline.

MSC did not provide the required documents to meet that deadline.

Instead, on August 26, MSC filed a motion seeking an extension of time. On September 2, MCS Industries filed an opposition to that motion.

on September 6, MSC filed a notice of advice of the Swiss Federal Office of Justice.

Judge Wirth writes in the order that “it is clear that this ‘advice’ from the Federal Office of Justice in Switzerland merely identifies the process for resubmitting a request and the factors that may be taken into account, without any discussion of the merits of this proceeding.

“The question of whether Swiss assistance with discovery is required has been answered by the undersigned Administrative Law Judge and by the Court of First Instance in Geneva.”

MSC is now ordered, by September 22, to either provide the required discovery or show cause why default judgment should not be entered against it.

Other shippers have been lodging complaints against global carriers of late with experts suggesting more will follow suit.

“The collective, pent-up anger and PTSD in the BCO community at large now wants out, and rate reductions won’t cut it for some,” said Jensen, a man whose career has seen him work for the likes of Maersk and Electrolux in the past.