A Critical Issue of Making Out Loading Port and Unloading Port in the Bill of Lading for Marine Transportation

Abstract

Making out bill of lading is very important to the exporter, the Freight Forwarder and the Third Party Logistics in marine transportation. However, there are many queries on how to make out loading port and unloading port in bill of lading. Those most commonly disputed problems in bill of lading have made many unwarranted rejections in marine transportation. This study tried to explain how those practices articulated in the UCP600 and the ISBP are to be applied and propose the appropriated way to make out loading port and unloading port. Through the studies on cases and by means of comparison etc., the ISBP and the UCP600 were discussed in detail under the present work, in which laws on negotiable instruments, maritime laws, international business customs and practices were applied. When the bill of lading includes the place of receipt different from the port of loading or the final destination different from the port of discharge, the first query is how to divide and bear the cost and responsibility of the transportation from the place of receipt to the port of loading or from the port of discharge to the final destination. The other query is that whether the place of receipt or the final destination in the bill of lading must be a port or not. Case study and comparative analysis between international custom and ICC decisions show that both parties of the contract should make in agreement in the letter of credit on how to divide and bear the cost and responsibility of the marine transportation. Meanwhile, the related international customs should make it perfect and clarified. In addition, the place of receipt or the final destination in the bill of lading should be a port. However, the place of receipt or the final destination can also be an inland site when the Letter of Credit has stipulated it.