Bank Guarantee For Lost Bill Of Lading for the United Kingdom

Bank Guarantee For Lost Bill Of Lading Template for England and Wales

A Bank Guarantee for Lost Bill of Lading is a legal document governed by English and Welsh law, where a bank provides a guarantee to a shipping company against potential claims arising from the delivery of cargo without the original bill of lading. This document serves as security for the carrier, protecting them against potential claims from third parties who might later present the original bill of lading. The guarantee typically includes specific indemnity provisions, claim procedures, and duration terms, all structured within the framework of English maritime and banking law.

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What is a Bank Guarantee For Lost Bill Of Lading?

A Bank Guarantee For Lost Bill Of Lading becomes necessary when the original bill of lading is lost, destroyed, or delayed, but the cargo needs to be released. This document, governed by English and Welsh law, provides essential protection for shipping companies while facilitating international trade. It contains specific provisions regarding the bank's obligations, indemnification terms, and claim procedures. The guarantee ensures that the carrier is protected against potential claims from third parties who might subsequently present the original bill of lading, while allowing legitimate cargo owners to take delivery of their goods without undue delay.

What sections should be included in a Bank Guarantee For Lost Bill Of Lading?

1. Parties: Details of the bank issuing the guarantee, the shipping company/carrier, and the party requesting the guarantee

2. Background: Context of the lost bill of lading and the need for the guarantee

3. Definitions: Key terms including 'Original Bill of Lading', 'Vessel', 'Cargo', 'Guarantee Period'

4. Guarantee and Indemnity: Core guarantee provisions and indemnification obligations

5. Duration: Period of validity of the guarantee

6. Bank's Obligations: Specific obligations and liability limits of the guaranteeing bank

7. Claims Procedure: Process for making claims under the guarantee

8. Governing Law and Jurisdiction: Specification of English and Welsh law and jurisdictional provisions

What sections are optional to include in a Bank Guarantee For Lost Bill Of Lading?

1. Counter-Indemnity: Additional indemnity from the applicant to the bank - used for high-risk transactions or when required by bank policy

2. Security Provisions: Additional security requirements - used for high-value cargo or high-risk situations

3. Insurance Requirements: Specific insurance obligations - used when additional insurance coverage is required

4. Assignment: Rights and restrictions regarding assignment - used when transfer of rights might be contemplated

What schedules should be included in a Bank Guarantee For Lost Bill Of Lading?

1. Details of Lost Bill of Lading: Complete details of the lost bill including number, date, parties, vessel, and cargo details

2. Form of Demand: Standard format for making claims under the guarantee

3. Vessel and Voyage Details: Specific information about the vessel and voyage in question

4. Cargo Manifest: Detailed description of the cargo covered by the lost bill of lading

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Industries

Carriage of Goods by Sea Act 1992: Primary UK legislation governing bills of lading and other shipping documents, including provisions for transfer of rights and liabilities

Bills of Lading Act 1855: Historical legislation largely superseded by COGSA 1992, but still relevant for understanding the development of bills of lading law

Sale of Goods Act 1979: Legislation governing the underlying commercial transactions related to the goods being transported

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for bank guarantee relationships

Hague-Visby Rules: International convention incorporated into UK law setting out rules for bills of lading and carrier liability

International Convention for the Unification of Certain Rules Relating to Bills of Lading: International framework establishing uniform rules for bills of lading in maritime transport

Financial Services and Markets Act 2000: Primary legislation governing financial services and banking activities in the UK, including issuance of guarantees

Banking Act 2009: Legislation regulating banking institutions and their activities, including their authority to issue guarantees

Common Law - Contract and Indemnity: Body of case law principles governing formation and enforcement of contracts and indemnities

Common Law - Negotiable Instruments: Legal principles governing transferable documents including bills of lading

Common Law - Bailment: Legal principles governing the relationship between parties when goods are entrusted for transport or storage

ICC Uniform Customs and Practice for Documentary Credits: International banking industry standards for documentary credits and related instruments

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