your honor we would like to claim damages agains this arrastre operator
their claim has already prescribed under the COGSA. ypur honor
The COGSA does not mention that an arrastre operator may invoke the prescriptive period of one year; hence, it does not cover the arrastre operator. Prescribing from Section 6 of the COGSA, only the carrier and the ship may put up the defense of prescription if the action for damages is not brought within one year after the delivery of the goods or the date when the goods should have been delivered.
It has been held that not only the shipper. Additionally, theconsignee or legal holder of the bill may invoke the prescriptive period.