International transport law and logistics Rigazio

ISSUANCE AND CONTENT OF THE BILL OF LADING- CONTENUTO ED EMISSIONE

Obligation of the carrier to issue the bol.

The responsibility to issue the bill of lading is mainly of the carrier-> he is responsible to guarantee that

the document has been created and issued correctly. However, even if the carrier is the principal

responsible, other subjects: like the shipper, the vessel’s master, and agents, play a significant role.

Generally, an agent prepares the document based on information provided by the shipper, and the carrier

verifies this data before signing and issuing the bill of lading-> the verification essential, to ensure that

the details reflect the actual condition of the cargo-> because if the details don’t’ match the actual

conditions, the responsible is the carrier (who sign it), and not who prepared.

Although it is often prepared by someone other than the carrier, the signature of the carrier is what

makes the document valid->the document without the signature is not considered official or enforceable.

Shipper’s demand:

A bill of lading shall be issued on the shipper's demand, so the shipper is entitled to a bill of lading

from the carrier. If the carrier refuses, the shipper can go to court to obtain an order to issue the BOL.

However, from these provisions you can conclude that there is no obligation to issue one unless

requested, but once the request is made, the carrier must comply.

Despite this, in practice, bills of lading are often issued automatically regardless of whether the shipper

demands it-> as a standard procedure.

TIMING OF ISSUANCE

Type of Bill of lading:

The rule states that the time of issuance is when the goods are loaded onto the ship, but in practice, this

is not always followed. We can have received for shipment bol, or shipped on board bol, and the document

may also be issue, after departure.

- Received for shipment bill: This type is issued when the goods have been received by the carrier,

but they are not loaded in the vessel. The document confirms, and it’s a proof, that the goods are under

the custody of the carrier, but it doesn’t confirm that the goods are placed on board-> infact it lacks a

loading date->so, it’s less desirable in transactions where specific loading dates are critical.

Is critical for banks and buyers, as the carrier liability for damages started since the moment in which

the goods are on board.

it is often advantageous for the shipper, if there’s’ an expected delay between delivery to the carrier and

actual loading->transfer the custody to the carrier immediately, easing shipper responsibility. It offers

flexibility even for the carrier, allowing the substitution of the designed vessel if it’s necessary.

- Shipped on board bill: This type is issued only after the goods have been fully loaded in the ship. It

has a loading date and competition of loading, and it establishes that goods are now officially under the

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carrier’s liability. It’s preferred by buyers and banks and provide the full evidentiary value, making it a

more reliable document in cases of claims for damages or losses.

If it is issued before completion of the loading, this will be at the carrier’s risk, and he will bear the same

responsibility as if the loading had been completed.

UPDATE BILL

When a “received for shipment” bill has been issued, and the goods are now loaded in the vessel, the

shipper may request its conversion in a shipped-on board” bill. This is often done by either noting “shipped

on board” on the existing document or issuing a new one. This process ensures that the bill of lading

accurately reflects the loading status, solidifying its value as proof of shipment and limiting any risk of

multiple claims on the same goods. If the initial “received for shipment” document is not returned, the

carrier could face liability toward both the holder of the “on board” bill and the unreturned “received for

shipment” bill, so returning or updating the document is crucial to maintaining the carrier's single

line of liability.

However, if an “on board” bill is issued prematurely—before the goods are actually loaded or if “on

board” is noted in the document in error—then the carrier may be liable for damages, even if they did not

cause or neglect to prevent the damages.

TIME

The bill of lading must be issued promptly, without undue delay, after goods are received or loaded,

depending on the type of the document. This means that the document should be prepared as soon as

possible to ensure that is accurately reflects the status of the goods. If the bol doesn’t contains the date

of loading the cargo, you assume it’s identical to the date in which the bol was issued.

Delaying issuance can affect the commencement of a voyage, and bills of lading are sometimes issued

post-departure, dopo la partenza, but they are still binding as if issued upon loading.

ANTEDATE

The shipper may require antedate, it consist in putting an earlier date on the bill of lading, than the actual

loading date->practice known as antedating. Although not legally acceptable, antedating does occur in

practice. We can even face post-dating of course.

This practice can expose the carrier to significant risks, as it misrepresents the true date of loading. If

you, as the carrier, decide to take this risk, it’s usually because you trust the business operator, having

with them a longstanding relationship, or for economic opportunities.

Carriers typically refuse to antedate, but sometimes they can agree for a letter of indemnity: this

obligates the shipper to compensate the carrier for any damages, expenses, or liabilities arising from the

antedating…but despite this agreement, the carrier remains responsible for the accuracy of the bill of

lading since they are the party issuing it, and we know that from a legal perspective, all information must

be accurately recorded.

The reason a shipper might require antedating is if the actual date of loading is in breach of the

deadline under the sale contract; in such a case the false date would serve as ‘proof’ that the seller

has performed his obligation of delivery on time. Antedating (or postdating) may also be done to achieve

a more favorable price, if the price is affected by the date of loading.

THE PROCESS OF ISSUANCE

The contract of carriage is concluded before the bill of lading is issued, so the issuance of the bill of

lading is a part of the process of exercising the contract of carriage itself. The issuance of a bill of lading

is preceded by the issuance of several documents by the shipper and the carrier in accordance with the

port customs. These documents typically include (1) booking note, (2) shipping note, (3) shipping order

and (4) dock receipt.

Booking note: in liner carriage by which the carrier informs the shipper that space has been booked for

the shipper’s goods on a particular vessel. In fact, is a contract for the reservation of space on board a

carrier’s vessel. This document contains basic information on the parties, ports of loading and destination,

date of loading, and provides the prospective shipper with the carrier’s terms and conditions of carriage.

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Shipping note: Presented by the shipper to the carrier, after a contract of carriage is concluded, and it

contains information about the quantity, quality and leading marks of the goods.

When a contract of carriage has not yet been concluded, the shipping note represents an offer, which is

considered to be accepted if the carrier or his agent delivers the shipping order to the shipper, in this way

it led to the conclusion of the contract. Anyway, due to a ship’s limited space, it may be that not all goods

declared for shipment are accepted by the carrier, but only those goods for which shipping permits have

been issued.

Shipping order: it reproduce the description of goods from the shipping note and add the date and place

in which the shipper has to deliver the goods. It acts as an acceptance and serves as evidence of the

shipper’s right to load the goods on the carrier’s vessel. it also the master to receive the described goods

for carriage.

Dock receipt: A dock receipt is a document issued by a carrier to confirm that goods have been received

for shipment and serves as the basis for preparing the bill. Indicate that now, the goods are under the

carrier responsibility. Goods can be stores next to the vessel or in a warehouse-> in this case, the shipper

receives a dock that transfer the responsibility for the goods' safety to the carrier.

- The shipper fills out required forms, which become the basis for the bill of lading.

- After delivery, tally clerks verify the goods' details, including quantity, quality, and condition. Any

discrepancies or damages are recorded on the dock receipt.

- Once confirmed, the ship's agent signs and returns it to the shipper.

The dock receipt is issued upon arrival of the goods at the port, it is proof of ground receipt.

MATE’S RECEIPT

The mate's receipt is issued by the carrier, once the goods are loaded onto the ship; it is a temporary

proof of receipt on board. It’s not a transport document. It details the goods' quantity, condition, and

potentially the shipper’s name. ->prova temporanea di ricezione a bordo.

During loading, the first officer checks the goods, in respect of the bill of lading prepared by the shipper.

Any discrepancies are recorded in the mate’s receipt and later reflected in the bill of lading, potentially

making it “unclean,” which has legal implications in sales and evidence.

After issuing the mate’s receipt, the carrier becomes responsible for the goods. Should any damage or

loss occur, the holder of the mate’s receipt can claim damages, even if the bill of lading has yet to be

issued. However, the carrier may dispute the mate’s receipt's statements regarding goods' condition.

Is temporary, until a bill is issued.

Before this, the shipper may transfer the mate’s receipt to a third party, but this can create dual liability

for the carrier. To mitigate this, the bill of lading should replace the mate’s receipt promptly.

Possession of a mate’s receipt suggests entitlement to a bill of lading, but this right is based on the

contract of carriage rather than possession of the receipt. While it may be seen as evidence of title, it

does not legally function as a document of title and does not hold the same legal weight as a bill of lading,

nor does it fall under the Hague-Visby Rules.

SWICHED-REPLACE BILL OF LADING

It’s a document issued by the carrier to replace the original bill of lading when the seller request to modify

certain details. It’s used for commercial reasons, but it has some risks.

Why might the seller ask to the carrier to issue a replace b.o.l?

1. To Hide the True Origin of the Goods: If the seller doesn’t want the buyer to know wh