The original assumption was that flow labels (in general, rather than in shim) would be sender selected. Marcelo has mentioned that there may therefore be pre-shim flow labels in existence at negotiation time.
I think it will be possible to accomodate these pre-existing labels for the path between the original source and destination while still allowing receiver selected flow labels for all other paths (and maybe replace the original label on the home path after flow state timeout).
Erik