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Article

Pitfalls in Relying on Bills of Lading13 November 2023

The article examines the robustness of bills of lading as security in the hands of a bank and the circumstances that may preclude the bank from recovering its losses or claiming against the carrier. It also considers the implications of using electronic bills of lading.

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Article

A Smart judgment for owners: An owner can demand payment of freight under a Bill of Lading even if head charterers have paid hire in full8 July 2021

In a recent judgment of the English Commercial Court, The M/V Smart , which will be welcomed by owners, Mr Justice Butcher held that a shipowner could demand direct payment of freight under a bill of lading even though the bill of lading stated that the freight was payable “as per charterparty” and the vessel’s time charterer was not in default.

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Article

Commencement of Arbitration for Cargo Claims6 May 2021

Disputes can arise over whether a cargo claimant’s arbitration notice was issued validly – and how (and if) the LOU arbitration provision should be read with the bill of lading’s arbitration clause. Recent guidance stresses caution in such circumstances.

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