Nielsen & Bainbridge, LLC, Complainant v. Ocean Network Express Pte. Ltd.; Orient Overseas Container Line Limited; OOCL (Europe) Limited; Evergreen Line Joint Service Agreement (FMC Agreement No. 011982); Evergreen Marine Corporation (Taiwan) Ltd.; Evergreen Marine (UK) Limited, Italia Marittima SpA; Evergreen Marine (Hong Kong) Ltd.; Evergreen Marine (Singapore) Pte. Ltd.; And Yang Ming Marine Transport Corporation, Respondents; Notice of Filing of Complaint and Assignment
Published Date: 1/15/2025
Notice
Summary
Nielsen & Bainbridge, a company that used to be called NBG Home, has filed a complaint against several big ocean shipping companies, including Ocean Network Express and Evergreen Marine. They say these companies didn’t follow the rules in their shipping contracts, and now the Federal Maritime Commission is looking into it. This could affect how these companies handle shipping deals and might lead to changes or penalties soon.
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Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Alleged Failures to Meet Service Commitments
If you are a business that ships goods under a service contract with the named carriers, the complaint filed on January 8, 2025 alleges the carriers systematically failed to meet service commitments. The complaint was filed with the Federal Maritime Commission (Docket No. 25-02) and cites the Shipping Act (46 U.S.C. 40101 et seq.).
Alleged Coercion to Pay Extra Surcharges
If you hold a service contract with the listed ocean carriers, the complaint (filed January 8, 2025) alleges the carriers used coercion to require payment of extracontractual surcharges and to force amendments to service contracts before performing services. The complaint cites violations of 46 U.S.C. 41102(c), 41104(a)(2), and 41104(a)(10).
Alleged Unreasonable Demurrage and Detention Charges
If you import or export under a service contract with the named carriers, the complaint filed January 8, 2025 alleges the respondents unreasonably assessed demurrage and detention charges against the complainant. The case is assigned to the Office of Administrative Law Judges (Docket No. 25-02).
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