Shipping Company

KimChristensen · Post by **KimChristensen** » Wed Jul 30, 2008 1:00 am

Dear all,

I kindly ask your view on the following:

The LC requires “Vessel certificate issued by Shipping Company or their agents”.

Would you accept a document issued by either “the carrier” or “the agent for the carrier” – i.e. a party that appears from the bill of lading part of the same presentation as the "vessel certificate" – but not “identified” in the documents as “Shipping Company” or “Agent for the Shipping Company”?

Thanks in advance and best regards
Kim

Ps. It seems to me there should be an ICC view on this issue – but I have not been able to locate the source?

NigelHolt · Post by **NigelHolt** » Wed Jul 30, 2008 1:00 am

Kim,

I would interpret the expression 'shipping company' to mean carrier.

Regards, Jeremy

DanielD · Post by **DanielD** » Thu Jul 31, 2008 1:00 am

Kim,

You will find the answer in Opinions
87-88 (Publication 469) R161 page 56
Daniel

KimChristensen · Post by **KimChristensen** » Thu Jul 31, 2008 1:00 am

Jeremy & Daniel; Thanks! Highly appreciated.
Best regards
Kim

JLee · Post by **JLee** » Tue Aug 12, 2008 1:00 am

Dear Daniel, I tried to retrieve R161 from DC PRO Focus but without success. What's it conclusion, please?

Thanks
Jack Chan
Hong Kong

KimChristensen · Post by **KimChristensen** » Tue Aug 12, 2008 1:00 am

Dear Jack Chan,

I have it just at hand so I will give you the relevant quotes from the conclusion. The reason that you can not find it is that it is issued subject to UCP 400 and dates back to 1988 (Which was why I could not find it in the first place

…

… that the term "shipping company" is not a specific term as such, but means a "carrier". The shipping industry specifically asked for this.

The Commission agreed that a request for a document issued by a shipping company shall be deemed to be a request for a document issued by a carrier or the agent of a named carrier.
…

Best regards
Kim Christensen

JLee · Post by **JLee** » Tue Aug 12, 2008 1:00 am

Dear Kim, thanks so much for retreiving the opinion. I agree with the opinion that shipping company should refer to the carrier or its agent (unless otherwise stipulated in the credit.)

Best regards
Jack Chan

DanielD · Post by **DanielD** » Wed Aug 13, 2008 1:00 am

The fact that a still valid opinion cannot be easily found unless you still have the old brochures demonstrates once more that something should be done about it

Daniel

KimChristensen · Post by **KimChristensen** » Wed Aug 13, 2008 1:00 am

Spot on Daniel! And add to that, that it is so easy to question whether or not it is in fact a “still valid opinion” when issued in 1988 subject to UCP 400 …