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Brazilian Appeal Court decision confirms that carriers are entitled to demand an original b/l before delivering cargo
Local correspondents have advised that a Brazilian customs regulation which allowed cargo interests to demand delivery of cargo against a copy bill of lading (rather than requiring presentation of the original bill) has been overturned by the Sao Paulo appeal court.
The judgement makes it clear that a carrier is entitled to demand an original negotiable or to order original bill of lading. It is welcome from a carrier’s and North’s perspective as it removes the potential for a Member to face a situation where local regulations compelling delivery of cargo might force the Member to prejudice his P&I cover.
If a Member faces a demand to deliver cargo without production of an original bill of lading, they should reject the demand and seek clarification of the position from the local correspondent or a member of North’s claims team.
