Multi-million-dollar claim by Chilean cherry exporters rejected

25-3-2026

The Chilean Constitutional Court has rejected a multi-million-dollar claim by seven Chilean exporters. The case concerns a shipment of 5 million boxes of cherries that were en route to China by container ship in early 2025. However, the container ship, operated by the Danish shipping company Maersk, broke down en route and arrived in China 28 days late. Upon arrival, the entire cargo of cherries, worth $160 million, was rejected by the Chinese authorities. Maersk offered to pay $16.4 million in compensation. According to the Commercial Code, which governs liability in maritime transport, the liability of shipping companies is limited to 10% of the value of the cargo. However, the exporters claimed a much higher amount. The Constitutional Court ruled otherwise, however: even in an extreme situation such as this, there are no grounds for deviating from the 10% liability limit. (Source: fruitnet.com)