Draft article 1 (o) Electronic transport record

Chapter 8 Transport documents and electronic records

Draft article 33 Issuance of the transport document or electronic transport record

Draft article 1 (p) Negotiable electronic transport record

Article 49. Delivery when negotiable transport document or negotiable electronic transport record is issued

(a) under article 7 (previously 4) agrees with the carrier to replace a negotiable transport document by a negotiable electronic transport record or to replace an electronic transport record by a negotiable transport document, or

When no negotiable transport document or no negotiable electronic transport record has been issued, the following paragraphs apply

When a negotiable transport document or a negotiable electronic transport record has been issued, the following paragraphs apply

Trust Fund for Electronic Data Interchange 10.0 for Administration, Commerce and Transport

Support was expressed in the Working Group for the definition of electronic transport record .

Article 48. Delivery when no negotiable transport document or negotiable electronic record is issued

A person has exclusive control of an electronic transport record if the procedure employed under article 6 reliably establishes that person as the person who has the rights in the negotiable electronic transport record.

If the carrier issues a transport document or an electronic record under or in connection with any of the types of contract mentioned in Article 3 and if that transport document or electronic record both

(e) Any additional place designated for that purpose in the transport document or electronic record.

Upon such delivery, the electronic transport record will cease to have any effect or validity.

Draft article 1 (q) Non negotiable electronic transport record and draft article 1(r) Contract particulars

Protection of third parties when transport documents or electronic transport records are issued under a contract exempted from the scope of application of the draft instrument

In this connection, the Working Group's current work on transport law aimed at defining an electronic equivalent of negotiable transport documents should naturally be taken into consideration.

The Working Group will then consider electronic commerce, transport documents, right of control and transfer of rights, in that order.

The draft instrument covered, inter alia, the liability and obligations of carriers, electronic commerce, delivery, shipper obligations, and transport documents.

In addition, the effect of the proposed redraft of article 3 (2) would be to extend the traditional rule to cover all cases where a transport document or electronic transport record was issued.

The programme includes modelling of electronic procurement phases such as electronic tendering, electronic awarding of contracts, electronic ordering, electronic invoicing and electronic catalogues.

It was also suggested that draft article 1 (f)(ii) should specifically indicate to whom the electronic transport record would be transferable.

According to one opinion the wording such transport document or electronic record shall comply with the terms of this Instrument is superfluous.

This alternative of no transport document or electronic record will still be upheld (see Part IV, article 5, the non document alternative).

In addition, the second sentence of draft article 35 was deleted in favour of the sentence, Such signature must identify the signatory in relation to the electronic transport record and indicate the carrier's authorization of the electronic transport record. Further, the word other was deleted from draft article 61 bis (2).

The issuance and the transfer of a negotiable electronic transport record means the issuance and the transfer of exclusive control over the record.

This Instrument applies to contracts of carriage in non liner services under which the carrier issues a transport document or an electronic record that

2. This Instrument applies to contracts of carriage in non liner services under which the carrier issues a transport document or an electronic record that

The secretariat supplemented the information in the report with presentations on the competitiveness of SMEs, transport and trade facilitation, and electronic commerce strategies for development.

Training for port and transport management emphasized electronic data interchange to improve services and reduce costs, enabling ports to remain viable in increasingly competitive environments.

It was further suggested that the non documentary approach was more open to the possible future needs of electronic commerce, and also in light of the fact that electronic transport records might not bear any resemblance to bills of lading.

Electronic

3. Commends the Commission for the progress made in its work on arbitration, insolvency law, electronic commerce, privately financed infrastructure projects, security interests and transport law

3. A carrier's public schedule of prices and services, transport document, electronic transport record, or similar document is not a volume contract under paragraph 1, but a volume contract may incorporate such documents by reference as terms of the contract.

In response to a question, it was clarified that, if more than one original of the negotiable transport document was issued, all of them would have to be collected before the negotiable electronic transport record could be issued in substitution.

There was general consensus that, with the changes wrought by the development of multimodalism and the use of electronic commerce, the transport law regime was in need of reform to regulate all transport contracts, whether applying to one or more modes of transport and whether the contract was made electronically or in writing.

(e) Notwithstanding paragraphs (c) and (d), the holder that did not have or could reasonably not have knowledge of such delivery at the time it became a holder acquires the rights incorporated in the negotiable transport document or negotiable electronic transport record.

(Electronic Services)

The suggestion was made that thought could be given to a provision along the lines of draft article 77 of the draft instrument, which concerns the application of arbitration provisions to the holder of a negotiable transport document or a negotiable electronic transport record.

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