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The new Maritime Code passed: Shippers now bear the costs and risks associated with cargo left unclaimed at the discharge port! General average losses are reduced! Electronic bills of lading are now legally recognized!

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Time of issue：

2025-11-07 16:48

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October 28, The newly revised "Maritime Law of the People's Republic of China" has been officially adopted and will come into effect on May 1, 2026.

This revision marks the first major overhaul of the basic shipping law in three decades—it’s remarkably practical and down-to-earth.

For freight forwarders and cargo owners, several of these changes could directly impact daily business operations, risk allocation, and legal responsibilities.

Overview of Core Changes:

1. Unified Transportation Rules:

Include domestic coastal cargo transportation within the scope of adjustment, bringing an end to “ There's a distinction between inside and outside. The dual-track system;

In other words, whether it's a domestic or international route, Maritime cargo transportation will be governed by unified legal rules.

This also includes the rules on maritime compensation for ships, under which, except in special cases, both seagoing vessels and inland river vessels are subject to the same limit on maritime liability for compensation.

2. Legalization of Electronic Bills of Lading:

Electronic transport records have been granted formal legal status, carrying the same validity as paper documents.

To enhance shipping efficiency, digital documents such as electronic bills of lading and electronic sea waybills have officially gained legal recognition.

Electronic transport records have strict conditions for effectiveness: Available for retrieval and reference, with content that is complete and accurate, identifiable by the issuer, and verifiable by the holder.

Freight forwarders and cargo owners can learn more.

3. Adjustment of Rights and Obligations:

Definition of the actual carrier expanded;

The new law redefines the actual carrier as The person who accepts the mandate to actually fulfill all or part of the carrier's obligations,

Therefore, entities such as port operators may also qualify for this status when they meet the relevant criteria.

Meanwhile, the freight forwarder may be recognized as the actual carrier at certain stages, thereby gaining the rights to exemption from liability and limitation of responsibility.

The responsibility for fees and risks associated with unclaimed deliveries shifts from the consignee to the shipper.

Regarding the issue of no one picking up cargo at the discharge port during actual operations, the relevant costs and risks will be… The liable party has been adjusted from the consignee to the shipper. , and stipulates that the carrier must promptly notify the shipper.

The consignor has gone missing, leaving the shipper stuck with the trouble—this revision will compel shippers to conduct their business more cautiously.

4. Shipper's Obligations and Rights:

The shipper shall deliver the goods to the carrier for transportation as agreed upon in the contract of carriage of goods by sea, and ensure that the goods are fit for the agreed-upon mode of transport.

A new right for shippers to amend contracts has been added, though carriers may refuse under specific circumstances.

5. General Average—One Loss Less

The new law adds “ Liability for Oil Pollution Damage from Vessels "Special chapter clearly states that oil spill liability shall be borne by the shipowner," Shall not be included in general average. 。

It is recommended that freight forwarders thoroughly understand the strict allocation of pollution liability and clearly identify the responsible party when handling related matters.

6. Application of Foreign Law:

Add countermeasures clauses to address discriminatory measures from foreign countries.

International maritime cargo transportation contracts where the port of loading or discharge is located within China’s territory are mandatorily subject to China’s Maritime Law.

7. Marine Insurance Contract:

The new law strengthens the obligation to provide prompts and explanations for standardized insurance clauses.

For clauses that exempt or reduce the insurer's liability, the insurance company must provide a "notice sufficient to attract the attention of the insured" at the time the contract is concluded, and also offer a "clear explanation" as required.

If not explicitly stated, the insured may claim that the条款 are not included in the contract.

This will have a significant impact on marine insurance claims.

Chapter 4, "Maritime Cargo Transportation Contracts," is the core of the Maritime Commercial Law, and this revision has introduced numerous enhancements to this chapter.

It is recommended that gentlemen take a moment to savor and appreciate this. (The portal is located below the image.) 。

Article reference:

1. The Maritime Law of the People's Republic of China

http://politics.people.com.cn/n1/2025/1029/c1001-40591659.html

2. " The newly revised Maritime Law will come into effect on May 1st of next year, according to an authoritative interpretation.

3. "Relevant Official from the Legal Work Committee of the NPC Standing Committee Explains the Newly Revised Maritime Law" [Link: http://www.legaldaily.com.cn/index_article/content/2025-10/28/content_9278988.html]

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