The Bill Of Lading In The Carriage Of Goods By Sea The Carrier Identification

The bill of lading is a very important document in international trade and transportation and it has much to do with the rights and obligations of every party in trade and transportation. Many parties issue bills of lading, such as shipowner, charterer, sub-charterer, agent of them and so on. They issue bills of lading differently, in their own name or in the name of someone else. Therefore, the third party other than shipper will, after purchasing the bill from shipper or endorser, be difficult to identify the real carrier. The difficulties will affect the negotiation of the bill and the entire international trade.In contrary, an effective and efficient system or method to identify the carrier will strengthen the buyer's trust on the bill. When the buyer finds cargo loss, damage or delay, he can make a claim against the right person and get indemnity.It is the opinion of the author that although there are several reasons for above mentioned difficulty; the major one is the position of the third party. When the third party is transferred the bill, the contract of carriage is already fixed. He may not be able to identify the carrier merely on basis of the materials of contract conclusion. The only material he can use to identify the carrier is the bill. In addition, different parties and different methods to issue the bill actually add much more difficulties to the problem.China Maritime Code provides a definition for carrier, i.e. the party who concludes the contract with shipper. However, when the definition is taken into brain to interpret the code, great confusion takes place and.the system of international trade will be injured. In author's opinion, after research on recent theory and judicial practice, the carrier shown on the bill (hereinafter the bill carrier) in the third party's eyes will, due to the provision that the carrier should issue the bill,be deemed to be the party who concludes the contract with shipper. The conditions and terms of the bill are printed on the bill before the contract conclusion, and the third party who accepts the bill also agrees on the conditions and terms simultaneously. Therefore a contract based on the bill is founded between the bill carrier and the third party. Although the method of creation of contract differs from the provision of contract law, the general principal of contract interpretation will also apply to the bill interpretation.As far as how to interpret the bill and identify the bill carrier is technical problem. Different bills shall have different answers. The paper has examined many cases which commonly take place, i.e. signature of captain, signature of charterer or sub-charterer, carrier identity clause, demise clause and so on. Finally, the author notes that the problem of identity of carrier is a developing issue and that the most important point is judicial practice shall be harmonious to commercial practice.