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article.20 A(V) .Carrier identified on the back of the Bill

Posted: Wed Jan 06, 2010 12:00 am
by ChantalDuguay
Dear all

The issuing bank refused the document claiming the following discrepancy: Carrier not named on BOL.
We've explained that the Bill of Lading is done on the letterhead of the shipping company and the identification of carrier is found in the first paragraph of the contract of carriage in definitions.
Issuing bank answered the following
Based on article.20 A(V) CONTENTS OF TERMS AND
CONDITIONS OF CARRIAGE WILL NOT BE EXAMINED
We've tried to argue based on the commentary of UCP 600 and the concept of ``on their face``and that in this particular case we were not going beyond the face of the document to determine its compliance.
Your thoughts on the matter are highly appreciated.
Thanks and happy new year

Link for an MSC bill of lading http://www.mscgva.ch/bl_terms/bl.html#)

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article.20 A(V) .Carrier identified on the back of the Bill

Posted: Thu Jan 07, 2010 12:00 am
by DanielD
There are two opinions:
1. Unp. Opinions 1995-2004 (R563)
2. Insight october 2009 (TA 678rev)
which seem to confirm IB's position
Regards
Daniel

article.20 A(V) .Carrier identified on the back of the Bill

Posted: Thu Jan 07, 2010 12:00 am
by GlennRansier_
The ICC official opinions and UCP 600 Article 19 and 20 reflect this as a discrepancy. Unsure what would happen if a court decision were needed.