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

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Introduction

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 3. The extent of legal recognition of the Bolero Electronic Bill of Lading.............6 4. Conclusion....................................................................................8 5. 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. ...read more.

Middle

the goods might arrive at the port long before the bill of lading did. The bolero bill of lading is transmitted electronically, instantly and through the CMP it is always possible to have the bill sighted by the parties in at every stage of the transaction. Late arrival of traditional bill of lading has created "The Delfini"6 problem where the bill of lading arrived 11 days after the goods did and was extinguished and another problem is that goods are delivered against indemnities giving rise to many disputes "Lickbarrow v. Mason"7. Also, the traditional bill of lading was issued in 3 or 6 originals. This problem of conflicting bills which was faced in the "Glynn, Mills Curri v. East and West India Dock Co."8 and "Sander v. Maclean"9 will not be a problem under the Bolero bills of lading since the Title Registry controls the transactions and thus no problem with forged bills of lading will exist. Moreover, the Bolero system does not create a single electronic document to fulfil the same functions as that of the bill of lading, instead the paper bill of lading is replaced by series of electronic messages, instructions and data records in the Title Registry which are combined in order to fulfil the functions. So the Bolero bill of lading is not a transferable document but a system set up designed to achieve equivalent result. ...read more.

Conclusion

Conclusion Merchants are increasingly using computers to facilitate international transactions and there are not few that believe that electronic commerce is becoming a reality. Because EDI is both quick and efficient the shipping industry is expected to benefit greatly from its adoption and particularly in the are of bill of lading. Unfortunately, numerous legal and technical obstacles have risen. Although English courts are prepared to accept the electronic bill of lading it does not yet have a legal framework and depends purely on the Rulebook. Even though there are many people that support the project of electronic bill of lading there is still lack of international confidence because there is not an international legal framework that supports this new concept. Also in addition to the buyer and the seller, contracts of carriage may involve banks in different countries, insurance companies, forwarders, port and custom authorities who may not be yet Bolero member. Also much will depend upon the recognition that Bolero will have world-wide. However, the concluding assumption for Bolero bill of lading is that it is the beginning of what looks like a bright future. Whether major trader will adopt Bolero depends heavily on its efficiency, effectiveness and sense of security and Bolero has shown till now that it can fulfil these requests. For Bolero, it seems the technical product is sound and the time is right. An Australian has observed that "there is such a tremendous demand for something like Bolero that it can hardly fail to be a success"19. 5. ...read more.

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