In what ways does a Bolero Electronic Bill of Lading differ significantly from a traditional paper Bill of Lading?

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LLM LEGAL ASPECTS OF MARINE AFFAIRS

INTERNATIONAL TRADE AND TRANSPORTATION LAW

ESSAY I – DECEMBER 2002

“In what ways does a Bolero Electronic Bill of Lading differ significantly from a traditional paper Bill of Lading? To what extent do you consider it to be likely that a Bolero bill can receive the same legal recognition and achieve the same legal effects as a traditional bill in the current state of English Law.”

Spyros C. Livieratos

TABLE OF CASES

Ardennes, The [1950] 2 All E.R. 517…………………………………………………1

Delfini, The [1990] 1 Lloyd’s Rep 252………………………………………………..4

Glynn, Mills Curri v. East and West India Dock Co. [1882] 7 App. Cas. 591………..5

Grant v. Norway (1851) 20 L.J.C.P. 93……………………………………………….1

Lickbarrow v. Mason [1794] 5 T.R. 683………………………………………………4

Sander v. Maclean [1883] 11 QBD 327……………………………………………..1,5

TABLE OF CONTENTS

  1. Introduction………………………………………………………………………..1
  2. Differences of a Bolero Electronic Bill of Lading to a traditional paper Bill of Lading……………………………………………………………………………...3

2.1. Bolero…………………………………………………………………………3

2.2. Differences. …………………………………………………………………..3

  1. The extent of legal recognition of the Bolero Electronic Bill of Lading………….6
  2. Conclusion…………………………………………………………………………8
  3. Bibliography……………………………………………………………………….9

  1. Introduction

One of the most complicated and remarkable issues in the international trade and transportation could be considered the bill of lading. Bill of lading is a document signed and delivered by the master of the ship or other authorised person to the shippers on goods being shipped. The bill of lading is conclusive evidence against the carrier of the shipment of the goods or their receipt for shipment. It was traced back to the 14th century being just a document describing the nature of the cargo and its quantity. As years passed by the bill of lading has been developed and has become the dominant document of international trade, for it enabled goods to be bought and sold still at sea so passing not only property of goods but also the right to possession on arrival, expanding its functions.

Nowadays, bill of lading has three main functions:

  • As a receipt. (“Grant v. Norway”)
  • As evidence of the contract of carriage (“The Ardennes”)
  • As a document of title. (“Sanders v. Maclean”)

But it is also said to be:

  • The contract of carriage in the hands of an endorsee for example.

Of course we live in the age of computerisation where everything is done by the push of a button. Technology has been evolved dramatically and still does moving aside traditional ways of negotiations and transactions since people involved in them demand less paper work, effectiveness, efficiency, security and fastness.

So, as the bills of lading replaced the Bill of Exchange many experts argue that the electronic bills of lading and especially Bolero attempts to do the same with the bills of lading. This essay will try to point out what are the differences of the Bolero Bill of lading compared to the traditional Bill of Lading and discuss the Bolero’s legal recognition under English Law.

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  1. Differences of a Bolero Electronic Bill of Lading to a traditional paper Bill of Lading.

2.1 Bolero

The first attempt to create an electronic bill of lading similar to the traditional have not been very successful. In 1980’s we had the seadocs which were used mainly by oil traders and involved only one bank, Chase Manhatan, which was the main reason of their failure. The Seadocs are not in existence ...

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