The use of electronic bills of lading in shipping and the legal issues arising

Master Thesis
Author
Λαζαρέτου, Τριανταφυλλιά
Lazaretou, Triantafyllia
Date
2022-09Advisor
Δανιήλ, ΓεώργιοςDaniil, Georgios
View/ Open
Abstract
This master thesis is a study on the continuous improvement and development of the
B/L from the first time such document was used in international trade until the
appearance of the electronic documentation and the need of e- B/L in the shipping
industry. The aim of the dissertation is to identify the obstacles and difficulties arising
from the use of the traditional paper B/L, the necessity of the e-B/L and the
advantages of the said electronic documentation, as well as the legal issues arising by
its use with emphasis on the signature and authenticity issues.
E- transactions are growing rapidly which leads to traditional documentation to be
gradually replaced by electronics. Because of the many advantages of electronic
documents, many current paper documents in the maritime industry, including Bs/L
have been replaced by electronics. The attributes of the three main functions of
traditional B/L, namely the functions of receipt of goods, the evidence of contract of
carriage and the document of title, arising questions whether e-B/L replicates these
functions, whether the negotiability is achieved when using electronic systems and
how the transferability will be made. Moreover, issues arising regarding the legality,
confidentiality and security of e- B/L should be examined. To deal with all legal
issues arising, regulations around the world, such as UNCITRAL Model law on
electronic commerce and the CMI Rules for E- B/L shall be investigated. Taking into
account the analysis of the four approved official electronic bills of lading platforms,
namely Bolero, essDocs, E-titleTM and EdoxOnline, the problems of negotiability
and transferring process have been a major source of concern in the shipping industry.