Straight Bill of Lading

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  1. Our expert's opinions do not necessarily reflect the views of the ICC or the ICC Commission on Banking Technique and Practice. No legal imputation should be attached to any of the contents here and no legal responsibility is accepted for any errors, omissions or misleading statements or opinions caused by negligence or otherwise. Our expert's opinions are given for your reference only and you should not rely upon or act on our opinions, of which we are not held liable. You should consult your legal counsel or other experts for their opinions in your specific cases.
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Posted in DC-Pro on Nov 22, 2002

Dimitri,

A BANK’S RISKS AS AN ENDORSEE IN A NEGOTIABLE TRANSPORT DOCUMENT

Payment of freight is not the most horrible part. There are other more horrible things for a bank that becomes an endorsee of an endorsable transport document, such as ... Those more horrible things are ...

A BANK’S RISKS AS AN ENDORSEE IN A NON-NEGOTIABLE TRANSPORT DOCUMENT

However, for a non-endorsable transport document, such as the AWB, SWB or SBL, the bank as an “endorsee” may not have such risks, as the bank may ...

THINK TWICE BEFORE A BANK CLAIMS FOR THE GOODS

So when a bank tries to claim for the goods, be very careful to seek legal advice first and not to assume anything.

The more you know, the more ...

DISCLAIMERS: Our opinions are made for discussion only and parties should consult lawyers and experts for their advices before they rely or act upon our opinions. We do not assume any responsibilities or liabilities whatsoever.

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Posted in DC-Pro on Nov 22, 2002

QUOTATIONS FROM THE AUTHORITY

To clear the mist, we are pleased to quote from Lloyd’s of London “Contracts for the Carriage of Goods” from our private library as follows (where our transport handouts and opinions are based upon):

“Where a bill is made out to a named consignee, but not to order, the better view is that ...”

"The question of whether a particular document is a "bill of lading" or some form of non-negotiable document, such as a waybill, can have significance in a number of contexts".

“Further, a straight “bill of lading” is ...

P&O “SCAR” APPROACH

We appreciate the intelligent P&O SCAR approach, to mark on the face of the P&O SCAR Bills "S*** C*** - A*** R***" (SCAR) to ...

P&O LASER “SHIPPED ON BOARD” NOTATION TO AVOID FRAUDS

Through the distinguished leadership of J. W. Richardson, P&O has a lot of innovative ideas, such as ...

For those who had signed up "What Bankers Should Know About Marine Bills of Lading?" on 5th December 2002 with Hong Kong Institute of Bankers, these issues would be discussed in more depth.

[edited Nov 22, 2002]

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Posted in DC-Pro on Nov 21, 2002

HOW TO MAKE A BL A SBL?

In transport practice, BsL are designed, printed and provided for the general purpose of them being used in the negotiable form.

That is why we always point out in our transport workshops that to prepare a SBL, the shipper has to ...

The SBL we are talking about all the time refers only to ...

For further clarification about such issues, please refer to the specific article we wrote for Lloyd's of London, "What 'To order' and 'Blank Endorsed' Actually Means?" in our website.

[edited Nov 22, 2002]

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Posted in DC-Pro on Nov 21, 2002

Pavel & Laurence,

LAURENCE’S ‘REAL LIFE’ STORY PROVES THE OPPOSITE - THE MALPRACTICE

We agree to Pavel’s comments on the “real life” case from Laurence. To add to that, on the contrary, this “real life” case points out that even in the transport industry, sometimes, due to ...

WHY SBL IS STILL USED WHEN WE HAVE SWB?

To answer the query from Pavel why we still need SBL when we have SWB already? This is a ...

NEED FOR BANKERS TO UNDERSTAND MORE ON TRANSPORT DOCUMENTS

We strongly feel that it is better for bankers to understand more in depth all these transport documents. Otherwise our inputs ...

DISCLAIMS: Our opinions are for discussion sake and parties should not rely or act on them before they seek consultation form lawyers and experts. We do not hold ourselves responsible for any consequences whatsoever.

[edited Nov 22, 2002]

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Posted in DC-Pro on Nov 20, 2002

Alistairo,

STRAIGHT BL WORKS LIKE ...

A WISE JUDGE FROM HONG KONG DISTRICT COURT

That makes me think of a past incident.

Whilst I was doing my consultant work in Hong Kong, one of the frequent attendees of my workshops asked me to help him as a friend to appear in a district court in a dispute about ...

MURPHY'S LAW ALSO WORKS IN A COURT OF LAW

So not all the Judges behave like this and we may have some cases gone wrong, with judicial decisions made by those judges who are not aware that they are not competent enough. Part of the blame may be due to ...

DISCLAIMER: As different countries may have different local laws, I give above opinions only for discussion sake. Readers should consult their lawyers and experts before they rely or act on my opinions. I am not responsible for any consequences whatsoever.

T. O.

[edited Nov 20, 2002]

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