The Open LC Community for and by LC Specialists

[Home]

Inside lcviews.com

 
Library

 

Who's Who in LC World

 

Single Window

 

High Profile

 

Global

 

Devil lies in the detail

 

Eye of the hurricane

 

Traders corner

 

LC Action

 

Contact and Editorial Board

 

Inter-web tour

 

  LC in Courtroom

The Starsin Case

 

 

  [Published in LC VIEWS, Vol. 3, No.5; May 2006]
 

 

WILL NEW UCP ADDRESS THE BANKER'S THE STARSIN CONCERNS?

By Soh Chee Seng

 

 

Whether it is UCP 500 or the proposed new UCP, it does
not indicate that banks will not examine these terms and
conditions if they appear on the reverse side of the document.
It simply says that banks will not examine the contents
of such terms and conditions. In my opinion, whether such
terms and conditions appear on the front or the back of the
document, banks will not examine their contents.

 

  Article 23(a)(v) of UCP 500 indicates that banks will accept a documents, however named, which appears to contain all of the terms and conditions of carriage, or some of such terms and condi­tions by reference to a source or document other than the bill of lading (short form/­blank back bill of lading); banks will not examine the contents of such terms and conditions.

In the new UCP, the proposed article on bill of lading covering port to port shipment is quite similar. A bill of lading, however named, covering a port-to-port shipment, must appear to contain terms and conditions of carriage or make reference to another source that contains the terms and conditions of carriage (short form/blank back bill of lading). Contents of terms and conditions of carriage will not be examined.

Whether it is UCP 500 or the proposed new UCP, it does not indicate that banks will not examine these terms and conditions if they appear on the reverse side of the document. It simply says that banks will not examine the contents of such terms and conditions. In my opinion, whether such terms and conditions appear on the front or the back of the document, banks will not examine their contents.