Abstract
There have been differing definitions by learned Judges for over a century as to what constitutes a ‘clean’ bill of lading, from Arrospe v Barr (1881) until Golodetz v Czarnikow-Rionda — ‘The Galatia’ (1980), but the most modern and accepted one was given in the case of British Imex Industries v Midland Bank Ltd (1958) when the judge stated that ‘I incline to the view ... that a clean bill of lading is one that does not contain any reservations as to the apparent good order or condition of the goods or the packing.’ It will be observed from Article 34(a) of the Uniform Customs and Practice for Documentary Credits (ICC No. 400) 1983 revision (in Chapter 12) that their definition is similar to that of the British Imex case, namely ‘A clean transport document is one which bears no superimposed clause or notation which expressly declares a defective condition of the goods and/or the packaging.’
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