In the international transportation of goods, the bill of lading is a certificate of title, and its importance is self-evident. However, in practice, due to various reasons, the loss of bills of lading occurs from time to time. Especially in maritime dangerous goods logistics, the loss of bills of lading often brings serious risks and losses to all parties. This article will start from the perspective of the loser of the bill of lading, combined with the actual situation of Shanghai freight forwarder, and the coping strategy after the loss of the bill of lading, in order to provide some useful references for relevant practitioners.
Lost bills of lading can occur in multiple stages, including exporters, issuing banks, couriers, negotiating banks and consignees. Depending on the situation, the division of responsibilities is also different. However, in practice, the bill of lading is often lost in the third case, that is, during the transportation of the courier company. Under the postal regulations currently in force, the postal service has only limited liability for the loss of bills of lading, which exposes many freight forwarders and exporters to greater risks.
1.Notify all parties concerned in a timely manner
Once the bill of lading is found to be lost, the international freight forward** shall immediately notify the shipping company, the issuing bank, the negotiating bank and the consignee and other relevant parties. In this case, the shipping company and ** have a duty of care and cannot release the goods simply on the basis that the holder of the bill of lading holds the original bill of lading. At the same time, the consignor should provide sufficient evidence to prove that it obtained the bill of lading in good faith. International shipments** shall assist all parties in gathering evidence to ensure the safe and smooth transportation of the goods.
2.Apply to the court for a public notice in a timely manner
With the assistance of international freight**, the exporter shall apply to the court for a public notice in a timely manner to ensure that the rights and interests under the bill of lading are not infringed. The public notice procedure can help exporters solve the problem of long-term stagnation of margins, and at the same time prevent the bill of lading from being transferred in bad faith. International shipments** should provide legal advice and assistance during this process to ensure the smooth running of the process.
3.Negotiate a solution with the carrier
In the event of a loss of the bill of lading, international shipments** should maintain close communication with the carrier to negotiate a solution. In general, the carrier will require the consignee to provide a reliable guarantee in order to take delivery of the goods with a copy of the bill of lading or to sign a new bill of lading. International shipments** should assist the exporter in communicating with the carrier to find the most beneficial solution for both parties.
4.Consider taking out postal courier risk insurance
While current regulations give postal authorities near-immunity, international freight** and exporters can still consider taking out postal express risk insurance to pass on losses. Although insurance companies have not yet carried out this insurance business, with the development of dangerous goods shipping logistics and the increase of market demand, more insurance companies may be involved in this field in the future. International freight** should pay attention to market dynamics and provide customers with relevant information and suggestions in a timely manner.
5.Strengthen internal management and risk control
In order to avoid the occurrence of risk events such as the loss of bills of lading, international freight forwarding should strengthen internal management and risk control. Specifically, the following measures can be taken:
1) Establish a sound bill of lading management system, and clarify the responsible persons and operation procedures of each link;
2) Strengthen staff training to improve employees' awareness of the importance of bills of lading and risk prevention;
3) Regularly inspect and evaluate the management of bills of lading, find problems and rectify them in a timely manner;
4) Establish a good cooperative relationship with the courier company to ensure the safety and reliability of the bill of lading during transportation.
As an important part of international freight, Shanghai freight forwarding should adopt a more active and effective response strategy to the loss of bills of lading. Here are a few ways to start:
1.Establish a sound maritime logistics system for dangerous goods to improve transportation efficiency and safety;
2.Strengthen cooperation and communication with shipping companies, issuing banks, negotiating banks and other parties to form close cooperative relations;
3.Promote the use of new forms of bills of lading such as electronic bills of lading to reduce the risks of paper bills of lading in the transportation process;
4.Increase the publicity of risk events such as the loss of bills of lading, and improve the risk prevention awareness of customers;
5.Actively explore and carry out new risk transfer methods such as postal express risk insurance to provide customers with more comprehensive risk protection.
The loss of bill of lading is one of the common risk events in the shipping logistics of dangerous goods, and all parties should adopt active and effective response strategies to strengthen internal management and risk control to ensure the safety and smooth transportation of goods. At the same time, we should also strengthen communication and cooperation with customers to jointly prevent and respond to various risks and challenges. International logistics sea freight