MSC Mediterranean Shipping Company has expressed its disappointment with the initial decision of the Federal Maritime Commission Administrative Law Judge Wirth on 13 January 2023 about the MCS Industries case.
MSC said it has sought diligently to persuade the FMC to invoke the procedures required to fully comply with both US and Swiss law when producing documents and pointed out that “the decision is not a decision on the merits, and it is not final”.
MSC added it will timely appeal the decision, upon which time the decision will, under the Commission’s rules, “become inoperative until the Commission determines the matter.”
The Swiss/Italian container shipping company stated, “By its terms, the decision does not address the merits of any of the claims against MSC, and MSC continues to believe that the claims are meritless.”
The decision is based on a procedural finding that misapprehends the Swiss law issues that preclude MSC from complying with FMC’s prior discovery order, according to the ocean carrier, which said that no Swiss authority has held that MSC could produce the information consistent with Swiss criminal law without appropriate authorisation.
“To the contrary, Swiss authorities at the very highest level have confirmed that MSC must follow the well-established procedures under the applicable international conventions to which both the U.S. and Switzerland are parties,” noted MSC.
MSC said that it has investigated the matter and has concluded that MCS Industries’ difficulties with its cargo bookings arose from errors and communication issues between MCS Industries and third-party intermediaries, and not from any wrongdoing by MSC.
“MCS Industries is seeking to hold MSC liable for not carrying cargo MCS never asked it to carry, and the decision to award it damages for harm it has never proved is in error,” claimed MSC.
