ICC Digital Library Forum

Bill of lading presented as follow:

1) B/L produced by reprographic, (blank back photo copy) manually signed and stamped "original"

2) Signature box indicates:
ABC Company

Acting as Carrier

3) Manually signed (a signature) on top (not within) of the signature box.

Questions:

1) Is this acceptable per article 23-bv and article 20b.

2) Is "Acting as Carrier" same as "As Carrier". What I understand is that the words "Acting as Carrier" is different from "As Carrier"

3) I recalled there was an opinion about this, but I can't find it.

Appreciate your opinion.

Firstly, I would ignore 20(b) in deciding whether or not a document was an original and instead decide the question in the light of the ICC ‘decision’ on the subject. Nonetheless, the BL you describe does appear, to me, to meet the requirements of 20(b).

With respect to 23(b)(v) it all depends on if the BL appears to ‘contain … some … terms and conditions [of carriage] by reference to a source or document other than the [BL]’, as I am sure you appreciate. I can only infer therefore that there is not such a ‘reference’.

Regarding your second question, I can see no justification -for the purpose of determining the compliance of documents- in drawing a distinction between "Acting as Carrier" and "As Carrier" as both formulations suggest the issuer is performing the function of carrier.

Regards, Jeremy

[edited 8/25/2006 10:22:10 AM]