ICC Digital Library Forum

Thank you Mr Lee for yr advice & comments.

I would like to pose a related query which is
whether the BL can be signed/issued at the place of destination (Sandakan,Malaysia)
& not at the port of loading i.e.Indonesia.
Beneficiary has informed us that this would be the case.

Thank you once again.

TRADE PRACTICE V. RIGHT OF ISSUER

Although it is the trade practice for bills of lading to be issued at the port of loading, due to many reasons, cost savings, convenience, customs and others, there is no Convention or maritime law to prohibit the issue of a bill of lading in a place other than the port of loading.

A CONFIRMING BANK CAN BE ANYWHERE

For the same reaons, there is no restriction for the place of a confirming bank. Theoretically, a DC to a beneficiary in Kuala Lumpur can be confirmed by a bank in Hong Kong although it is usually confirmed in the place of the beneficiary for lots of reasons.

ISSUER CAN DETERMINE PLACE OF ISSUE

The issuer of a document, whether transport or otherwise, should have the right to issue and sign the document in anywhere he likes, provided this does not have any material impact to the underlying transaction of which the carriage is one sector.

COMPLICATED "APPLICABLE LAW" ISSUES AND OTHER LEGAL CONFLICTS

Having said that, this may have an impact to the applicable law under certain jurisdictions. Take an example, a bill of lading is subject to the Hamburg Rules but issued in a country that does not adopt the Hamburg Rules. This is a very complicated legal issue and can only be commented in a case by case situation by a maritime lawyer. There is no generalised opinions being possible as it would only confuse or mislead us.

It is important to know that you don't know and also why you don't know. This is also a kind of important knowledge. The dangerous situation is that you don't know that you don't know and think that you know.

http://www.tolee.com

[edited 11/3/01 4:47:14 PM]

I agree with T.O. Lee that. although it is common practice to issue Bs/L at the port of despatch, there is no legal requirement for this. It is common practice for goods shipped from Ireland to have B/L issued at the transhipment port in the UK or continental port.

As electronic B/L becomes more common, the port of loading is unlikely to be a deciding factor as to where the B/L is issued.