The difference between electric and ocean bills of lading

With the development and changes of international trade laws and practices, as well as the popularity of container liner transportation and the advancement of container transportation technology, some changes have taken place in the documents used in international container liner transportation for more than a decade. A sea waybill appears in the "International Trade Conditions Interpretation Rules" (Incoterms 1990, Incoterms 2000, etc.). On the near-ocean route of China's international container liners, the concept of "telex release" appeared in late 1992 and early 1993.

Both “electrical discharge” and “sea freight order” were created to facilitate maritime transport and are often used in current international container liner shipping practices. According to the statistics of the documents used by some container liners on the China-Japan route, the use of bills of lading is still about 90% in terms of votes, and the use of "electrical discharge" has also accounted for about 8%, while the use of sea waybills only accounts for 2 %about. However, when people choose to use "electrical discharge" or use sea waybills, it is often a cloud of people, blindly choose. When studying the question of choosing to use "electrical discharge" or using sea waybills, the basic concepts of "electric discharge" and sea waybill must first be clarified.

1. The concept of "electrical discharge" and sea waybill

In the case of the shipment of the goods and the issuance of the bill of lading by the shipping company, the consignee must hand over a duly endorsed original bill of lading (in the case of changing the port of discharge or in other special circumstances, usually a full set of originals should be handed over) Bill of lading) (Note: This is the nature of the bill of lading as a repayment of the securities, that is, the realization of the right to request the delivery of the bill of lading must be based on the return of the bill of lading), and also pay all the fees payable before the bill of lading can be obtained at the port of unloading ( Delivery Order, D/O), pick up the goods.

When the consignee is unable to obtain the bill of lading in time, it is usually the consignee's receipt of the bill of lading in exchange for the bill of lading (Note: Please distinguish between the concept of “guarantee letter” commonly used in shipping practice and the concept of “guarantee” in the guarantee law). However, the shipping company cannot use a bond against a third party (the real consignee holding the bill of lading) because the bill of lading is the document that the carrier guarantees to deliver the goods. The delivery of the goods to the nominee as stated in the bill of lading, or the delivery of the goods in accordance with the instructions of the instructor, or the delivery of the goods to the holder of the bill of lading, constitutes a guarantee by which the carrier delivers the goods.

In order to enable the consignee to pick up the goods in time when some of the bills of lading cannot be obtained in time, and the shipping company is unwilling to deliver the goods with the guarantee, the practice of “electric discharge” has been produced in practice. What is commonly referred to as "electrical discharge" is the narrow concept that the shipper (shipper) returns the full set of original bills of lading issued by the carrier (or its agent) to the carrier after loading the goods (or Agent), at the same time specify the consignee (in the case of non-registered bill of lading); the carrier authorizes (usually by telex, telegraph, etc.) to inform the agent at the port of discharge, the original bill of lading is not issued at the consignee Delivered goods (withdrawn).

Therefore, the legal principle of "electrical discharge" is that, in the case that the carrier issues a bill of lading, the goods can be delivered (or a bill of lading) can be delivered when the bill of lading is recovered. Since the carrier's recovery of the bill of lading is at a place other than the delivery of the goods (unloading port) (usually at the port of loading), as a special case, the full set of original bills of lading is recovered. However, there is no definition of “electric discharge” in current international conventions, national laws (such as China's maritime law) and regulations.

Shipping order rule

Simpler trading procedures often attract more people to do business. Therefore, the simple transportation procedure is also one of the important factors determining the speed of world trade. Compared with the use of the bill of lading, the consignee's pick-up procedure is easier, more timely and safer when using the sea waybill. Therefore, the shipping order began to be accepted by the bank after the 1970s. The INCOTERMS developed by the International Chamber Of Commerce (ICC) has written the sea waybill into the transport document. The CMI Uniform Rules for Sea Waybill was adopted at the 34th Session of the International Maritime Commission held in Paris on June 29, 1990 to make the use of sea waybills more standardized.

Corresponding to the three functions of the bill of lading, the sea waybill also has the function of the goods receipt and the function of the contract of carriage, but the sea waybill is not a “property certificate”. The provision on the right to control is: in the first place, unless the shipper exercises his option, the shipper is the party entitled to give directions to the carrier on the contract of carriage. Unless prohibited by the applicable law, the shipper has the right to change the name of the consignee at any time after the goods arrive at the destination and before the consignee requests the withdrawal of the goods (provided that the shipper should accept it in writing or for the carrier) In other ways, the carrier is given reasonable notice and is liable for the additional costs incurred by the carrier. Second, the shipper has the option to transfer the dominance to the consignee, but should be exercised before the carrier collects the goods and is indicated on the sea waybill. Once the option is exercised, the shipper terminates the rights in the preceding paragraph and the consignee has this right. As long as the carrier makes reasonable and cautious responsibilities and confirms the party claiming the consignee, the consignee can present the appropriate identity certificate to deliver the goods without the need to present the original sea waybill.

Of course, there are still some problems with the sea waybill, and it can't replace the bill of lading. Therefore, many shipping companies do not yet have their own sea waybills. However, in some cases where "electrical discharge" is applied, it is usually possible to use a sea waybill.

2 Carrier's choice

The container liner company as the carrier is based on the "customer is God" service concept, so when the customer proposes to use the "electrical discharge" or use the sea waybill, unless the shipping company does not have its own shipping order, the shipping company Will meet the requirements of customers. However, for carriers, you should choose to use a sea waybill.

Choosing the basis and risk of using "electrical discharge"

As is known to all, the bill of lading has been defined and regulated by international conventions and national laws. The "electrical discharge" is actually a special case when using the bill of lading. However, this situation is very special, so that the nature of the "quasi-circulating securities" of the bill of lading, that is, the bill of lading can be eliminated by the nature of delivery or endorsement plus delivery of free transfer. There are currently no international conventions or national laws that give definitions and norms to “electric discharge”. As mentioned earlier, the principle of "electrical discharge" is to take back the bill of lading and deliver the goods. This approach is also based on the special case of issuing a bill of lading, that is, the practice of “off-site signing”. However, "off-site signing" is still a problem, and some people have questioned its approach. It can be said that the consequences of the "off-site signing" approach are uncertain.

Strictly in accordance with the definition of "electricity" given in this article, you can avoid the impact of some uncertain factors. However, some practices in practice still pose risks to the corresponding liability of the carrier after the “electrical discharge”. Notable issues may include, but are not limited to:

(1) When the shipper (consignor) applies for “electrical discharge”, the carrier no longer issues the bill of lading. At this time, the terms of the bill of lading are binding on the parties.

(2) The question of how the bill of lading can be transferred after duly endorsed and how it is implemented during the "electrical discharge".

(3) The shipper and the consignee in the case of “electrical discharge” are non-vessel carriers. When the shipping company as the actual carrier delivers the goods to the real shipper, will it bear the responsibility of staggering the goods, or The liability of the shipping company when the ship carrier incorrectly delivers the goods.

(4) The occurrence of unclear authorization between the shipping company and the ship's agent and the responsibility for its responsibility.

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