ICC Digital Library Forum

we know that the sea way bill is a non-negotiable document, but is it a document of title or not and why?

The seawaybill (SWB) is by definition not a document of title. The reasons for this are that before SWB's were invented, there already existed such documents of title (B/L); SWB's use sprang from situations where there was no need for documents of title, e.g. prepayment, and such Bs/L slowed down the process of delivery, as they had to be surrendered to the carrier to obtain delivery.
This was particularly important where delivery was comparatively fast (7 to 10 days) when one considers that issue of the B/L might take 2-3 days, postal delivery to shipper 2-3 days, courier delivery to the importer 2-3 days & submission to carrier/Customs 1-2 days.

Laurence A. J. Bacon

A non-negotiable document is automatically NOT a document of title. This is by definition and also ruled by the Carriage of Goods by Sea Act 1992 of UK.

Only a negotiable document carries the title and is hence called a document of title.

I am from www.tolee.com