YOUR STORY IS UNCLEAR
Your query is not reported clearly. Those who do not know too much about maritime transport practice would deem it inconsistent. On one hand you stated that full set of original BsL was presented and on the other hand you stated that one original master BL was not presented. They may get confused.
OUR SPECULATIONS - CONSOLIDATION
From our experience in maritime transport practice, we take that you mean a master BL was issued to a freight forwarder, who did consolidation for goods from different shippers to gain a bulk discount in sea freight and issued separate sets of original house BsL to different shippers, of which your client was one.
Under such circumstance, the actual carrier, who did perform the carriage, would not release the goods against a house BL that was not issued by the actual carrier. If he did, then in case a third party may present later the original master BL and claim for the same goods, the actual carrier has no goods to deliver.
That is the reason why the actual carrier needs your client to present both master and house BsL to claim the goods for protection.
The actual carrier has no obligation whatsoever for a house BL that was not issued by him. For the master BL, your client should approach the freight forwarder. If this is not successful (e.g. the freight forwarder has disappeared due to bankruptcy or being sued by one of his clients or another party for an amount out of his financial strengths), you may request the actual carrier to accept a LOI countersigned by a reputable bank.
SITUATION MORE COMPLEX IF MASTER BL IS A CHARTER PARTY BL
If the master BL were a charter party BL, the situation would be more complex. As your client has not seen this master BL, you never know what it is. However your client may ask for seeing a copy of it from the actual career or the charterer by diplomatic approaches as after all your client is the consignee in the house BL who has already paid for the goods.
This is not unusual in our consultancy career. Perhaps our articles on maritime transport written for LLoyd's of London in our website may help you further to resolve your poroblems.
DISCLAIMERS
Because of limited information being provided, maybe the situation would be more complex than what you have told us so far. Hence our opinions above are only for discussion sake. You should consultant an expert, consultant or maritime lawyer. We do not assume any liability or responsibility for your reliance on our opinions and for any damages, losses or claims of whatever nature related to or resulting from acting on our opinions.
www.tolee.com
[edited 4/13/02 5:11:33 PM]
Bill of Lading
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larryBacon
- Posts: 689
- Joined: Fri Apr 05, 2019 5:26 pm
Bill of Lading
Wolfgang,
WELCOME TO DC-PRO
As I think that this is your first posting, your contribution is very welcome, but as T.O. says, clarification is needed in order to give a response relative to the question.
The Forum in which you have posted this is intended for discussion of ICC Opinions. If your question has a bearing on an ICC Opinion, please let us know which one.
Laurence
WELCOME TO DC-PRO
As I think that this is your first posting, your contribution is very welcome, but as T.O. says, clarification is needed in order to give a response relative to the question.
The Forum in which you have posted this is intended for discussion of ICC Opinions. If your question has a bearing on an ICC Opinion, please let us know which one.
Laurence