Since these docs were relating to a credit permitting partial shipment, were they presented as one lot or two ?
If two, each presentation must be checked independent of the other and the issue of two B/L on the same ship does not arise.
If one presentation, refer to my earlier comments whereby it is not unusual for two carriers to have a carrier's interest in the same vessel.
The reference to "one and the same vessel" in Art. 23 d i concerns avoidance of transhipment and is not concerned with partial shipment.
Laurence
[edited 3/1/2005 3:15:35 PM]
determination of transhipment a/to sub-article 23(d)(i)
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larryBacon
- Posts: 689
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NevinErtan
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determination of transhipment a/to sub-article 23(d)(i)
Hi again,
Laurence,
The documents were presented in one lot so the facts are:
- presentation in lot
- no partial shipment in the context of Art 40.b (whether such seperate b/ls issued by different carriers for the same journey should be, regardless of Art 40.b, considered as partial shipments is questionable.),
- both b/ls show transhipment effected in containers whereas l/c prohibited transhipment. Acceptable as per Art. 40.-d-i, if we don’t count “provided that the entire ocean carriage is covered by one and same bill of lading” part but can we??
Best regards,
Laurence,
The documents were presented in one lot so the facts are:
- presentation in lot
- no partial shipment in the context of Art 40.b (whether such seperate b/ls issued by different carriers for the same journey should be, regardless of Art 40.b, considered as partial shipments is questionable.),
- both b/ls show transhipment effected in containers whereas l/c prohibited transhipment. Acceptable as per Art. 40.-d-i, if we don’t count “provided that the entire ocean carriage is covered by one and same bill of lading” part but can we??
Best regards,
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larryBacon
- Posts: 689
- Joined: Fri Apr 05, 2019 5:26 pm
determination of transhipment a/to sub-article 23(d)(i)
Nevin,
there are two separate issues which should not be mixed :
Art. 23 d i concerns transhipment (not art 40 d i in your last posting) and must be read in that context. This article allows transhipment provided there are not separate B/L issued for each part of the journey. This is what is meant by "the entire ocean carriage is covered by one and the same" B/L.
Partial shipments covered by Art. 40 b commences "Transport documents...". This is plural and indicates that more than one B/L can be issued for the same consignment without being regarded as partial shipment.
As an example, would you accept two B/L issued by the same agent with the same carrier and same vessel but different dates of loading ? Bear in mind that Art. 23 a ii will accept a date of loading on board in place of a date of shipment. This can easily happen even if the vessel only takes two hours to load -
1st B/L for goods loaded at 23.00 hours on day one;
2nd B/L for goods loaded at 01.00 hours on day two.
If you can accept two B/L in this case, it is only a small further step to accept two carriers.
Laurence
there are two separate issues which should not be mixed :
Art. 23 d i concerns transhipment (not art 40 d i in your last posting) and must be read in that context. This article allows transhipment provided there are not separate B/L issued for each part of the journey. This is what is meant by "the entire ocean carriage is covered by one and the same" B/L.
Partial shipments covered by Art. 40 b commences "Transport documents...". This is plural and indicates that more than one B/L can be issued for the same consignment without being regarded as partial shipment.
As an example, would you accept two B/L issued by the same agent with the same carrier and same vessel but different dates of loading ? Bear in mind that Art. 23 a ii will accept a date of loading on board in place of a date of shipment. This can easily happen even if the vessel only takes two hours to load -
1st B/L for goods loaded at 23.00 hours on day one;
2nd B/L for goods loaded at 01.00 hours on day two.
If you can accept two B/L in this case, it is only a small further step to accept two carriers.
Laurence