The differences and similarities between a Sea waybill and a Marine B/L.

20160120230 熊润欣

In international trade, the vast majority of goods are transported by sea. Sea waybills and ocean bills of lading are used in the transport of internationally traded goods.

The specific content of a sea waybill is that it is not required to disclose the document at the port of destination as a condition of receiving goods, and it is not required to send the document to the port of destination. The shipowner or his agent can deliver the goods to the consignee on the basis of the notice of arrival of the goods received by the consignee or his identity certificate (United Nations economic commission for Europe, Recommendation, 1978, 9).

The specific meaning of a bill of lading is a document used to prove that the contract of carriage of goods by sea and the goods have been received or shipped by the carrier, as well as the carrier's guarantee to deliver the goods. A clause in a bill of lading stating that the goods are to be delivered to a named person, or to order, or to the holder of a bill of lading constitutes a security under which the carrier is to deliver the goods (maritime law of the People's Republic of China, 1993.7).

The form and function of a sea waybill are similar to that of a marine marine bills of lading. The consignee does not need to submit the original documents, but only needs to prove that he or she is the consignee specified in the sea waybill to take delivery of the goods. Therefore, the sea waybill is essentially non-transferable, and its application scope is relatively narrow, mainly used for the transportation of goods between members of multinational companies.

But there are also have the differences between a sea waybill and a marine B/L.. There is a difference in the consignee's requirements between sea waybill and marine bill of lading. On the premise of issuing the ocean bill of lading, the consignee must rely on the original of the ocean bill of lading after the ship arrived at the port to handle the delivery procedures. If the consignee accidentally loses the original bill of lading, the goods can only be picked up against the letter of guarantee provided by the bank. However, if we lose the documents in the case of sea waybill, the consignee does not need the bank to provide a letter of guarantee, just with a copy of sea waybill or other documents can prove the identity of the consignee to take delivery of the goods. From this point of view, the sea waybill for the consignee than the marine bill of lading to provide greater convenience.

To sum up, marine bills of lading and sea waybill are different in many aspects as maritime transport documents. With the development of international freight technology, the use of sea waybills will gradually increase. However, the sea waybill cannot be transferred or traded. If the importer goes bankrupt due to special circumstances and cannot pay for the goods, the exporter will not receive the goods. Therefore, in the international carriage of goods by sea, the sea waybill can not replace the marine bill of lading is widely used.

Reference：
1. https://wenda.so.com/q/1513904218212496

2.https://wenda.so.com/q/1370171620062154

3.http://www.360doc.com/content/12/0113/10/8060356_179103870.shtml