Managing the Risks of Switch Bills of Lading

Abstract

This article examines the legal and commercial ramifications of issuing switch bills of lading, explores the legal risks involved in this practice, and explores how these risks may best be managed and mitigated. It analyses the circumstances in which the issue of a switch bill of lading may constitute a novation or a variation of the original contract of carriage and discusses who is entitled to request a switch and who must authorize or consent to it. It also explores title to sue and liability questions, as well as the mandatory applicability of international transport Conventions to switch bills of lading. It highlights the various commercial and legal risks of consenting to the issue of switch bills of lading and proposes ways in which these risks could be minimized, including through the adoption of electronic alternatives to bills of lading.