This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the app...This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the approach established by the legal authorities and maritime courts. The necessities and causes for this risky action and possible suggestions will be considered, as will the approach of statute and judiciary. Potential and desirable reform will be discussed in light of the Rotterdam Rules. It is concluded that in order to facilitate cargo delivery, there would be a need to provide detailed legal guidance applicable to the many situations where the requisite documentation has failed to materialise.展开更多
Many instruments have helped traders to effectively communicate,establish contracts,manage risk and protect their benefits while collaborating with people who have diverse cultural backgrounds.The B/L(bill of lading)h...Many instruments have helped traders to effectively communicate,establish contracts,manage risk and protect their benefits while collaborating with people who have diverse cultural backgrounds.The B/L(bill of lading)has been one of the most significant documents in the shipping industry since it was invented in the 13th century in Italy.It is an evidence of existing contracts between the shipper and the carrier,in which both of them agreed to deliver the goods safely from the port of loading to the port of discharge.However,many problems are triggered by requiring the presentation of the original paper B/L at the discharging port so that the buyer gets the cargo in time.As of today,many attempts were carried out to develop an electronic equivalent to the paper B/L.Additionally,many practices were formed in order for these electronic equivalents to be legally reinforced and enhanced.This article presents the main transitional stages of these efforts and the status of this progress.It analyses the legal background which has been established to validate these ventures and the option of using an electronic B/L in order for the ships to be able to deliver the goods without the presentation of the original document.In the meantime,this article highlights potential areas for further investigation.展开更多
This article considers the circumstances in which letters of indemnity(LOI) are usually provided and comments on the use of LOI in relation to the delivery of cargo without surrender of original bills of lading,change...This article considers the circumstances in which letters of indemnity(LOI) are usually provided and comments on the use of LOI in relation to the delivery of cargo without surrender of original bills of lading,changes of destination/deviation,the releasing of clean or wrongly dated bills of lading,the use of switch bills of lading and the commingling of cargoes.The article also comments on the circumstances in which the acceptance of LOI is obligatory and the circumstances in which they can be refused even if offered—an issue which is important given the risks which the acceptance of LOI often entails.Lastly,the article comments on various practical issues which should be borne in mind by those giving or accepting LOI.展开更多
文摘This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the approach established by the legal authorities and maritime courts. The necessities and causes for this risky action and possible suggestions will be considered, as will the approach of statute and judiciary. Potential and desirable reform will be discussed in light of the Rotterdam Rules. It is concluded that in order to facilitate cargo delivery, there would be a need to provide detailed legal guidance applicable to the many situations where the requisite documentation has failed to materialise.
文摘Many instruments have helped traders to effectively communicate,establish contracts,manage risk and protect their benefits while collaborating with people who have diverse cultural backgrounds.The B/L(bill of lading)has been one of the most significant documents in the shipping industry since it was invented in the 13th century in Italy.It is an evidence of existing contracts between the shipper and the carrier,in which both of them agreed to deliver the goods safely from the port of loading to the port of discharge.However,many problems are triggered by requiring the presentation of the original paper B/L at the discharging port so that the buyer gets the cargo in time.As of today,many attempts were carried out to develop an electronic equivalent to the paper B/L.Additionally,many practices were formed in order for these electronic equivalents to be legally reinforced and enhanced.This article presents the main transitional stages of these efforts and the status of this progress.It analyses the legal background which has been established to validate these ventures and the option of using an electronic B/L in order for the ships to be able to deliver the goods without the presentation of the original document.In the meantime,this article highlights potential areas for further investigation.
文摘This article considers the circumstances in which letters of indemnity(LOI) are usually provided and comments on the use of LOI in relation to the delivery of cargo without surrender of original bills of lading,changes of destination/deviation,the releasing of clean or wrongly dated bills of lading,the use of switch bills of lading and the commingling of cargoes.The article also comments on the circumstances in which the acceptance of LOI is obligatory and the circumstances in which they can be refused even if offered—an issue which is important given the risks which the acceptance of LOI often entails.Lastly,the article comments on various practical issues which should be borne in mind by those giving or accepting LOI.
