It was further indicated that the mechanism proposed in draft article 4 was similar to the one in place under the Hague Visby Rules for cases when bills of lading were issued.

The problem here is with the negotiable bill of lading. This document provides security to its holder by granting it the exclusive right to take delivery of the goods at the place of destination.

To provide for a solution, the draft starts to state in this paragraph that the bill of lading holder is entitled, but not obliged, to take delivery against presentation of the bill of lading.

However, if the bill of lading holder cannot be traced (in which event the shipper has to instruct the carrier about the delivery), it may be expected that the bill of lading will not be presented.

A typical example of such person is an intermediate buyer in a string of buyers and sellers where the bill of lading goes too slowly through the string to be available in time at the place of destination.

When the bill of lading is not available at the place of destination of the goods, or the bill of lading holder does not want to take delivery, the same principle as under the previous article applies it is the primary duty of the controlling party to take care that the carrier will be able to perform his obligation under the contract of carriage to deliver the goods.

The one is the event that there is a bill of lading holder who acquired the bill of lading after delivery was made by the carrier, but pursuant to a contractual arrangement other than the contract of carriage and made before delivery.

The general view was that the problem of delivery without presentation of a bill of lading deserves a solution.

As a practical matter, multimodal bills of lading in current usage commonly identify the intended ports of loading and discharge.

A draft order has been submitted concerning control of the electronic means of preparing and filing the prior bill of lading.

Then, the question arises what rights are connected to such bill of lading after delivery of the goods by the carrier.

That party is protected and may rely on the contents of the bill of lading, including the right of delivery of the goods.

(a) The Directorate General of Customs has designed a software application for the prior bill of lading, which will be launched shortly.

In addition, it was said that written notice was both difficult to define and, if it were given in the bill of lading, it could cause difficulties when the bill of lading was repeatedly transferred, such that the ultimate holder might be forced to litigate in a location far away.

And it provides security to the carrier that, if it delivers the goods to the bill of lading holder, the carrier is discharged from its obligation to deliver. However, these key functions of the document can only be fulfilled if it is available at the place of destination.

In particular, common carriage transactions in non liner trades in which a bill of lading is issued should continue to be governed by the draft instrument.

And said unto them, Sirs, I perceive that this voyage will be with hurt and much damage, not only of the lading and ship, but also of our lives.

And said unto them, Sirs, I perceive that this voyage will be with hurt and much damage, not only of the lading and ship, but also of our lives.

In response, it was indicated that the long standing practice to provide protection to third party holders of bills of lading issued under charter parties should not be discontinued.

Trade practices have weakened the bill of lading system and an attempt for repair should be made, in the interest of the carriers as well as the cargo side.

The other situation is that of an 'innocent' party, someone who did not have or could reasonably not have knowledge of the delivery, has acquired the bill of lading in good faith.

It was further observed that, while in principle under this approach arbitration clauses contained in bills of lading would be unenforceable, specific exemptions should be foreseen for special liner trades.

Some reservations were raised with respect to the conditions, such as the timing of the notice, and of its effectiveness if it were included in a bill of lading that arrived after the cargo.

The inactive consignee, such as a bank holding a bill of lading as security, is under no obligation to take delivery itself, but may have to take action under article 48 or 49.

While there was some consensus that bills of lading would suffice for this purpose, concerns were expressed regarding receipts, and different opinions were expressed with regard to intermediary non negotiable documents such as sea waybills.

The rule in the proposed redraft of article 3 (2), under which these contracts would fall under the scope of application of the draft instrument, was described as consistent with the Hague Visby Rules insofar as bills of lading were concerned.

The contract should not be a carrier's public schedule of prices and services, a bill of lading, transport document, electronic record, or cargo receipt or similar document but the contract may incorporate such documents by reference as elements of the contract.

It was further suggested that the non documentary approach was more open to the possible future needs of electronic commerce, and also in light of the fact that electronic transport records might not bear any resemblance to bills of lading.

It was also stated that in some legal systems reliance was attached to documents other than bills of lading, as well as to documents held by the shipper, and that practice also involved the circulation of non negotiable instruments.

2. This Convention does not apply to bills of exchange, promissory notes, consignment notes, bills of lading, warehouse receipts or any transferable document or instrument that entitles the bearer or beneficiary to claim the delivery of goods or the payment of a sum of money.

(e) Some international commercial tools, such as bills of exchange, promissory notes, consignment notes, bills of lading, warehouse receipts, or any transferable document or instrument that entitles the bearer or beneficiary to claim the delivery of goods or the payment of a sum of money.

This Convention does not apply to bills of exchange, promissory notes, consignment notes, bills of lading, warehouse receipts or any transferable document or instrument that entitles the bearer or beneficiary to claim the delivery of goods or the payment of a sum of money.

If Article 1 included definitions of place of receipt and place of delivery, the references to place would become unnecessary.

Moreover, it was stated that reliance by third parties was justifiable only when the document provided conclusive evidence, such as for negotiable bills of lading, while no premium on reliance was due to parties willing to take a risk on the basis of less secure documents.

In order to reduce any suspicion that may arise concerning the operation, the middleman provides government authorities (ports, customs) and banks with copies of transportation documents (bill of lading, cargo manifest, etc.) and invoices, using the information and descriptions mentioned above, to demonstrate the legitimacy of the procedure.

This is the place where the battle of Hastings took place.

(b) The contractual place of receipt or the contractual place of delivery or

It was observed that this approach would preserve the existing practice in non liner trade where recourse to arbitration under charter parties and charter party bills of lading was not uncommon, ensure uniformity of rules, and favour freedom of contract while preventing possible circumvention of jurisdiction rules under the draft instrument.

(b) The actual contractual place of receipt or the actual contractual place of delivery or

And Herman Miller has this philosophy of having a place a people place.

(e) The place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty and the authority responsible for the place of deprivation of liberty

Place of sessions 21

Place of sessions 31

Place of sessions 67

and place it in a secure place