Bills of Lading Legislation

Comparative Overview

International

There is no international convention on bills of lading. The CMI adopted voluntary rules on shipping documents (CMI Uniform Rules for Electronic Bills of Lading, Paris, 29 June 1990, and CMI Rules for Sea Waybills, Paris, 29 June 1990). See the CMI Handbook of Maritime Conventions, LexisNexis, Newark, N.J., 2004 Vancouver Edition (hereinafter cited as “CMI Handbook”), Docs. 1-7 and 1-8 respectively.

Canada

Bills of Lading Act, R.S.C. 1985, c. B-5 (very similar to the former U.K. Bills of Lading Act of 1855, see infra at III(4)).

United States

The Pomerene Act 1916, recodified in 1994, 49 U.S. Code 80101-80116, is a remarkable statute that takes into account “non-negotiable bills of lading”.

United Kingdom

Carriage of Goods by Sea Act 1992, 1992 U.K. 1992, c. 50, which statute covers bills of lading, waybills, received for shipment bills of lading, electronic documents and ship’s delivery orders. This statute repealed and replaced the former U.K. Bills of Lading Act. 1855 (18 & 19 Vict. c. 111).

France

There is no equivalent to a bill of lading act in France. The parties to the bill of lading contract and who may sue on it is determined in the light of arts. 33 and 49 of Decree No. 66-1078 of 31 December 1966, read with arts. 31 to 41 of Law No. 69-8 of 3 January 1969 that refer to risk allocation in maritime sale contracts.

China

China essentially ratified arts. 14 and 15 of the Hamburg Rules 1978 with slight modifications at arts. 72 to 74 MCPRC. Re the negotiability of bills of lading at arts. 79 and 80 MCPRC, China was greatly inspired by the U.S. Pomerene Act 1916 (recodified in 1994).

By William Tetley, Q.C