TRANH CHẤP VỀ TRẢ HÀNG THEO VẬN ĐƠN ĐÍCH DANH Nguyễn Hữu Đức Trên báo Diễn đàn Doanh nghiệp số ra ngày 25/2/2009 LS Võ Nhật Thăng, Trọng tài viên VIAC, có đăng bài viết “Phán quyết lạ thường về vận đơn” cho rằng phán quyết của Tòa Sơ thẩm (Việt Nam) đối với vụ tranh chấp giữa SH (người gửi hàng) và TK (công ty giao nhận/người vận chuyển) … Read More
QUESTIONS REGARDING ORIGINALS AND COPIES OF INSURANCE DOCUMENTS QUESTION Dear Mr. Old Man, I appreciate if you clarify the following points regarding insurance documents? Case 1: L/C requires Insurance Certificate in 2 originals? Two original Insurance Certificates are presented without indicating the number of originals issued. It is a discrepancy? In my opinion, if only one original is presented, there is no need for the insurance policy to … Read More
WHETHER MT999 IS AN AUTHENTICATED SWIFT MESSAGE QUESTION Dear Mr. Old Man, I’m from MB Bank. I would highly appreciate your professional opinion on the following case relating to handling collection instructions under unauthenticated swift message. We, as the collecting bank, received collection instructions with amount of USD150,000. Right after that, we received unauthenticated swift message from the remitting bank allowing us release the documents against payment … Read More
CO_ACCEPTANCE OF BILLS CO_ACCEPTANCE OF BILLS QUESTION Dear Mr. Old Man, We need your expert opinion in the following case: We received one documents for collection from Bank A with the condition “90 days D/A co-accepted by bank”. Our bank sent MT499 to Bank A indicated “the documents have been co-accepted by us and we will make payment on due date”. We released … Read More
WHERE THE NOMINATED BANK DOES NOT NEGOTIATE THE DOCUMENTS QUESTION Hi Mr. Old Man, I feel confused with the following case: We as advising bank received a letter of credit available with any bank by negotiation and advised the same to the beneficiary. After shipment the beneficiary presented the documents to our bank and we forwarded the documents to the issuing bank without negotiation. I understand that in this … Read More
HOWEVER NAMED HOWERVER NAMED QUESTION Dear Mr. Old Man, PLS answer my questions: I don’t understand the word “HOWEVER NAMED” in UCP 600, particularly Art 20 (a), which says “ A bill of lading, however named…..”. What does it mean? If on the face of the document, we determine and treat it as a bill of lading except the title ” Charter … Read More
DOCUMENT CHECKING FEE QUESTION Good day, Mr. Old Man. We have an LC opened in our favour that allows partial shipments. Every time we present a drawing the confirming bank will find a discrepancy or two even though our bank (the advising Bank) would have assured us there were no discrepancies. The applicant ( buyer) always accepts the discrepancies (since sometimes the goods … Read More
DEFERRED PAYMENT UNDERTAKING QUESTION I have come accross this statement. “Under UCP600, the DPU remains undefined and still a bit of a mystery as to whether/how its incurrence may/must be evidenced.” Could you please comment further? Best regards, G. —- ANSWER You may have learnt about Banco Santander case in connection with discounting one’s own deferred payment undertaking (DPU). The main details of … Read More
DOES SHIPMENT FROM ANY CHINESE PORT INCLUDE TAIPEI PORT? QUESTION Dear Mr. Old Man, I’ve heard that if L/C stipulates the port of loading as “Any port in China” or “Any Chinese port”, a bill of lading indicating the port of loading as Hong Kong is acceptable. 1) Let me know if what I’ve heard is true. 2) If it is true, what if the bill of lading indicates … Read More
WHICH ARTICLE OF UCP 600 IS APPLICABLE FOR EXAMINATION OF A TRANSPORT DOCUMENT QUESTION Hi Mr Old Man, Please help me with the following case: Field 44E : VietNam 44F : Belgium 44B : France 45A : CFR Belgium 46A : Bill Of Lading, …notify: applicant ( france) Cert of Origin and Health Cert must state final destination ( france ) B/l will state as follows Port of Loading : Vietnam Port of … Read More