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 party B/L”, can we apply Art 20 (a) in this situation?

Thanks for your help.

Good night!

Hub

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ANSWER

Good morning Hub,

It is noted that the words “however named” appears in the first sub-article of UCP 600 articles 19 -24. It is understood from “however named” that it is not the name or the title of the document that is important. What is important is that the content of the document must comply with the LC terms and conditions of and provisions of UCP 600.

A Multimodal Bill of Lading is acceptable under an LC which calls for a Bill of Lading covering a port-to-port shipment provided that it is complying with the LC terms and conditions and the provisions of Article 20.

Similarly, Forwarder’s Bills of Lading is also acceptable under an LC which calls for a Bill of Lading covering a port-to-port shipment. Yet, in this case, the forwarder must sign as agent or on behalf of a named carrier (or master).

My above interpretation is based on ICC Opinions R219, R230, R456, TA651rev …

The L/C requirement and the details stated in the Bill of Lading will decide which article (19, 20 or 22) is applicable:

If the L/C requires presentation of a Charter Party Bill of Lading or if a credit allows presentation of a Charter Party Bill of Lading and a Charter Party Bill of Lading is presented, UCP 600 article 22 is applicable.

If the L/C requires presentation of a transport document covering transportation utilizing at least two modes of transport (multimodal or combined transport document), and if the Bill of Lading clearly shows that it covers a shipment from the place of taking in charge or port, airport or place of loading to the place of final destination mentioned in the L/C, UCP 600 article 19 is applicable.

If the L/C requires presentation of a Bill of Lading (“marine”, “ocean” or “port-to-port” or similar) covering sea shipment only, UCP 600 article 20 is applicable.

Best regards,

Mr. Old Man