ICC Digital Library Forum

Dear DC-Pro Subscriber,

We see credits requiring ‘express bills of lading’. Do you think such a document falls within Article 20 or 21 (assuming port-to-port shipment only is stipulated)?

I ask as while there is no material difference between the two articles, there is in the isbp documented in ISBP745. (Unsurprisingly there is no equivalent of E13(a) in section F and E13(B) and F11(b) say diametrically opposite things.)

If it is Article 21, one then has to ask what position to take if the credit stipulates the EBL must be made out to order and blank endorsed (as is often the case). Would it be the same as if this requirement were stated with respect to any other non-negotiable document, such as air transport document? Or would one regard this as prima facie evidence that a ‘negotiable’ BL was required and thus Article 20 must apply?

I look forward to hearing from you and thank you in advance for your kind response.

Regards, JS
[edited 7/1/2013 4:33:12 PM]

Hi,

In my understanding, an express bill of lading is a COPY of a bill of lading that is sent to the consignee by agent or forwarder via fax or other electronic means to enable the consignee to take the delivery of the cargo without production of the the original bill of lading. Express bill of lading would be a copy of a straight bill of lading, i.e., consigned straight to a named consignee, and not to order.

As it is a COPY, it is not treated as an ORIGINAL bill of lading that is subject to articles 20, 21 or 22 UCP 600 (Please refer to sub-article 14 (c) UCP 600).

Kind regards,
N.H.Duc


[edited 7/3/2013 4:12:21 PM]

NHD, thank you for your posting; it is thought provoking indeed.

There does not seem to be an authoritative definition as to what an express bill of lading is. I tried to google it but could not find a consistent definition. As such the LC that incorporates this term should define it within the LC, otherwise the term will be disregarded. The BL presented evidencing port-to-port shipment will be checked in accordance with article 20.

Regards,
Gabriel

Thanks Gabriel. I agree there does not seem to be an authoritative definition as to what an express bill of lading is and this is -for me- where the problem arises.