Friday, December 9, 2022

Legal

Global trade involves several processes with up to 20+ documents being interchanged for a single shipment between various stakeholders in the chain. For years, global trade documentation has been characterized by physical documents that were issued, released,...
The Model Law on Electronic Transferable Records (MLETR) by UNCITRAL aims to enable the legal use of electronic transferable records that are functionally equivalent to transferable documents or instruments.. Transferable documents or instruments typically include bills...

Is a bill of lading by any other name still a bill of lading..??

As we know, a Bill of Lading (B/L) is one of the most commonly used commercial documents in the history of global trade and shipping.....

Electronic Bill of Lading – Are you and your country ready for it..?? Part 3

Some good seems to have come out of the COVID-19 pandemic after all.. Global trade has reached record levels, ocean carriers have gained record...

BIMCO publishes new Sanctions clause for Contracts of Affreightments

The sanctions landscape has grown increasingly complex. International sanctions regimes are constantly changing with new restrictions being added and new persons and entities being...

Liability of the shipper on the bill of lading

There have been several questions about the “liability of a shipper on a bill of lading”.. As we have discussed, any one can be a shipper on the bill of lading and may not necessarily be the actual exporter or seller of the goods that are covered in the bill of lading..

It is not uncommon for a Seller to be pursued by the Carrier for unpaid charges incurred in relation to the cargo, say, due to the Consignee failing to come forth and take delivery.

More often, this comes as a shock to the Seller given that they may have received payment under their contract for sale of goods and subsequently transferred the negotiable Bill of Lading by endorsement (either to a named party or in blank).

The Seller generally presumes that they do not bear any liability and instead believe that the Carrier only has a right to pursue the Consignee.

The below article by Muthu Jagannath explains the liability of the entity who is listed as a Shipper in the Bill of Lading (“BL”)..

Ever Given in a nutshell

Whether for its size and status as one of the largest container ships in the world or because it was famously termed as a “boat that was stuck in a canal”, the Ever Given will remain in people’s minds either as a memorable incident (to those who worked to free it) or as a haunting incident (to the ship owner, ship operator, ship crew and soon maybe the customers)..

Muthu Jagannath of NAU Pte Ltd., provides relevant and pertinent information about the Ever Given, its arrest, the implications of the arrest, insurance and counter claims in this article originally published on their website..

The Ever Given saga continues, amid positive news for some of the crew

With the Ever Given still “legally” stuck in the Great Bitter Lakes in Suez Canal, discussions and concerns have turned to various other issues relating to the cargo, the ship’s crew and General Average.

The “arrest” of the ship by the Suez Canal Authority (SCA) which intends to recover losses of around $916 million including $300 million for salvage bonus and $300 million for loss of reputation, has further complicated life for the ship crew who must have been having anxious moments no doubt.

Help, shipping line won’t pre-date or back date my bill of lading

Pre-Dating or Back Dating is when the shipper requests the shipping line to show the Shipped on Board date on the bill of lading as a date before the actual sailing of the vessel (example : the vessel actually sails on the 2nd of March but shipper wants the line to show the shipped on board date on the bill of lading as 28th of February)..

Why would a shipper want his bill of lading to be pre-dated or back dated and why would a shipping line reject this request..??

Letter of Indemnity – Dos and Don’ts

Many of you might have heard the term Letter of Indemnity (LOI) in day to day shipping practice..

There have been several arguments, discussions, commercial threats, litigation etc surrounding this LOI..

But many still have doubts on what an LOI is, when it can and should be used, whether it is legally enforceable and whether it is worth the paper it is written on..

I will try to answer these questions in this article..

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