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Original Bill of Lading

The signed paper bill of lading that must be handed over to release cargo, unless it is telex released.

What is Original Bill of Lading?

An original bill of lading is the signed bill issued by the carrier, or by an NVOCC acting as carrier, that serves as a receipt for the goods, evidence of the contract of carriage and, in negotiable form, a document of title. Under a negotiable ("to order") bill, the right to take delivery passes by endorsement and transfer of the original, and the carrier should deliver only against surrender of an original. Bills are usually issued in a set of originals, commonly three, and state that once one has been accomplished the others stand void. Alternatives include the sea waybill, which is non-negotiable and needs no original for delivery, the surrender or telex release, where originals are surrendered at origin, and electronic bills of lading. Electronic bills now have statutory recognition in some jurisdictions, including the UK under the Electronic Trade Documents Act 2023 and Singapore, both aligned with the UNCITRAL Model Law on Electronic Transferable Records.

Why it matters for forwarders

Original bills are central to documentary trade: under UCP 600 article 20, a letter of credit normally requires presentation of the full set of originals as issued, so losing one can make the presentation discrepant. Because the holder controls delivery, releasing cargo without an original exposes the carrier or NVOCC to claims, and P&I clubs exclude that liability from cover, which is why such releases are normally made only against a letter of indemnity. Courier delays for originals, especially on short sea routes where the cargo arrives before the documents, are a frequent cause of demurrage, so consider a sea waybill or surrender release when no bank or title transfer is involved. Check the number of originals, consignee, notify party and on-board notation against the LC or sale contract before issue. Keep strict control over original stock and signatures, because bills issued or released in error are a well-known fraud risk.

OBL FAQ

What is the difference between an original bill of lading and a telex release?

With an original bill, the consignee must present a signed original to take delivery. With a telex or surrender release, the shipper surrenders the originals at origin and the carrier instructs its destination office to release the cargo without them.

What happens if an original bill of lading is lost?

The carrier will normally require a letter of indemnity, often countersigned by a bank, before delivering without the original. Delivery can be delayed considerably, so report the loss to the carrier immediately.

How many original bills of lading are issued?

Bills are commonly issued in a set of three originals, and the bill states how many were issued. Once one original has been accomplished, the others stand void, and a letter of credit normally requires the full set under UCP 600 article 20.

Are electronic bills of lading legally valid?

In jurisdictions with laws based on the UNCITRAL Model Law on Electronic Transferable Records, such as the UK and Singapore, electronic bills can have the same legal effect as paper ones. Elsewhere they rely mainly on contractual rules agreed among system users.

Sources

  1. UCP 600: Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce
  2. The UK Electronic Trade Documents Act 2023 enters into force, NorthStandard
  3. Status: UNCITRAL Model Law on Electronic Transferable Records (2017), UNCITRAL

Rules and figures change. Check the current text with the issuing body before relying on it.

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