Rotterdam Rules: A Practical Annotation

Yvonne Baatz; Charles Debattista; Filippo Lorenzon; Andrew Serdy; Hilton Staniland; Michael Tsimplis

Rotterdam Rules: A Practical Annotation

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8 Transport Documents and Electronic Transport Records

Article 35. Issuance of the transport document or the electronic transport record

Unless the shipper and the carrier have agreed not to use a transport document or an electronic transport record, or it is the custom, usage or practice of the trade not to use one, upon delivery of the goods for carriage to the carrier or performing party, the shipper or, if the shipper consents, the documentary shipper, is entitled to obtain from the carrier, at the shipper’s option:

(a) A non-negotiable transport document or, subject to article 8, subparagraph (a), a non-negotiable electronic transport record; or

(b) An appropriate negotiable transport document or, subject to article 8, subparagraph (a), a negotiable electronic transport record, unless the shipper and the carrier have agreed not to use a negotiable transport document or negotiable electronic transport record, or it is the custom, usage or practice of the trade not to use one.

NOTES

[35-01] Article 35 gives the shipper the right to obtain from the carrier a transport document or an electronic transport record.1 Not unlike Article III rule 3 of the Hague-Visby Rules, title to obtain the transport document is given to the shipper, whether or not it is an original party to the contract of carriage.2 However, there are a number of significant differences between the current legal regime and the one created by the Rotterdam Rules, which will have an impact on the law and practice of international sales on shipment terms.

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