The differences and similarities between a sea waybill and a marine B/L
梁莹 20160120227 16英语2班
A sea waybill and a marine B/L are often used in foreign trade, so they are indispensable in international trade. However, a sea waybill and a marine B/L have different and identical characteristics. In the following, I will discuss and analyze it.
To begin with, we are supposed to know their definitions clearly. Marine bills of lading are used primarily in international sales of goods where the carriage of goods is by sea. The definition of the bill of lading vary from country to country and is a negotiable document. Broadly, the bill of lading has been defined as a receipt for goods shipped on board a ship, signed by the person who contracts to carry them, and stating the terms on which the goods are delivered to and received by ship.
A sea waybill is a not needed for cargo delivery and are only issued as cargo receipt. It can either be issued in hard copy format or soft copy format and is not a document of title. It will deliver the cargo at destination to the person or company described as consignee in the sea waybill. A sea waybill is the replacement of the traditional ocean bill of lading. The sea waybill is a non-negotiable document and made out to a named consignee who is allowed, upon production of proper identification, to claim the goods without presenting the waybill.
Therefore, we are capable of concluding several differences and similarities from their concepts. An ocean bill of lading is a negotiable document which serves also as an evidence of contract of carriage, receipt of goods and document of title. Usually issued as 3 originals (signed and stamped and negotiable) + 6 non-negotiable copies. Using an ocean bill of lading, shipper has the option to consign the shipment to either. This bill of lading when consigned to either of the last three mentioned parties, allows the goods to be endorsed to another party in case the original buyer decides to resell the cargo. If it is a straight bill of lading, cargo can be delivered to the nominated consignee but only after the bill of lading is presented to the discharge port agents.
However, a sea waybill of lading can not be consigned to order of someone else and is not a document of title. It has to be consigned to a direct customer only. Delivery of cargo covered under a sea waybill of lading can be made only to the consignee on the bill of lading or his authorized representative. A sea waybill of lading is usually issued :
The First is when the shipper and consignee are part of the same business group and there are no negotiations required between the two either directly or via bank for release of the cargo. The second is the shipment doesn’t involve any bank and the shipper doesn’t really need to submit original bill of lading to secure his payment. The third is when the shipper doesn’t have the time to print the original bills and courier the same to the consignee. The fourth is the shipper is a freight forwarder and he wants to issue a house bill of lading to his customers.
Besides, their similarities are as follows : a sea waybill is a transport contract (contract of carriage) - the same as a bill of lading. They are international sales of goods for the carriage of goods by sea. What is more, they are transport documents for maritime shipment which serves as evidence of the contract of carriage and as a receipt for the good.
In short, sea waybills and ocean bills of lading have different and similar traits and they play vital roles in international trade.
1.Huang xiguang, International Economics& Trade, 2018,89
3.Huang xiguang, International Economics& Trade, 2018,98
4.Hariesh Manaadiar, Difference between Ocean, Sea Waybill and Memo Bill of Lading,16 November, 2011
5.Dictionary of International Trade, 2019