B/L is Signed by an Implied Agent

Disclaimer

The names of the parties, as well as the data and information in the cases stated below, have been sanitized in order to protect the identity of the parties involved.
Our expert's responses to queries 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 of the cases and no legal responsibility is accepted for any errors, omissions or misleading statements or opinions caused by negligence or otherwise. Our expert's responses are given for your reference only and you should not rely upon or act on our responses, of which we are not held liable. You should consult your legal counsel or other experts for their opinions in your specific cases.
No query or response can be reproduced in whole or in part without our express written permission.

Question from H.:
Dear all experts,
L/c requested ocean B/L (article 20).
Is below signing capacity acceptable? Argument is the signing "as agent" instead of "as agent for the carrier".
Pre-printed
Signed by carrier ABC CO LTD
Stamped and signed
XYZ CO LTD
_____________
as agent

1st Response from T.O. Lee:

Dear All,
Fact No. 1
...
Fact No. 2
...
There is no discrepancy in this particular case.
Best regards,
T. O.

Response from B.I.:
Dear T.O.,
I believe it is a discrepancy due to following reason:
...
Best regards,
B. I.
Economist

2nd Response from T.O. Lee:

Dear B.,
Of course there is no definite answer for this query that steps on the grey area. I always respect a different thought on the same issue. This is what makes the world go round. That is also why we have many unpleasant surprises in some judicial decisions.
The best part of my workshop is to encourage a participant to disagree with me, the speaker. From that time on both can learn from the different views. A DC Pro ball pen will be given as a token of thanks. In case I happen to meet you in the future I will give you one too!
Having said that, Bernard S. Wheble also regards that in case of doubt, the benefit should go to the beneficiary simply because the L/C is a payment instrument and Mr. Wheble again says "Let us treat it as such". I use this Rule 2 on top of Rule 1 (Common sense)
Before I leave, you may win in the court room and that is a fact of life that we have to face!
Best regards,
T. O.

(905) 237-6465

(905) 237-6867