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Stale Bill Of Lading

Stale Bill Of Lading Template for Switzerland

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Key Requirements PROMPT example:

Stale Bill Of Lading

"Need to draft a Stale Bill of Lading document for a bulk grain shipment arriving in March 2025 at Port of Rotterdam, where original Bills of Lading are stuck in transit; document must include bank guarantee arrangements as per UBS requirements and Swiss law compliance."

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Document background
The Stale Bill of Lading document becomes necessary in international trade scenarios where the original Bill of Lading has exceeded its typical presentation timeframe or has become problematic for normal trading purposes. Under Swiss law, this document serves as a formal mechanism to address situations where goods have arrived at their destination but the original Bills of Lading are delayed, lost, or otherwise unavailable. The document incorporates provisions from the Swiss Federal Code of Obligations, international maritime conventions, and banking regulations, providing a structured approach to resolve the impasse while protecting all parties' interests. It typically includes indemnification arrangements, bank guarantees, and specific procedures for the release of cargo, ensuring compliance with both Swiss legal requirements and international trade practices.
Suggested Sections

1. Document Header: Date, reference number, and document type declaration

2. Addressee Details: Full details of all relevant parties including carrier, consignee, shipper, and bank (if L/C involved)

3. Bill of Lading Details: Complete details of the stale Bill of Lading including B/L number, vessel name, voyage number, port of loading/discharge, and cargo description

4. Statement of Staleness: Clear statement indicating why the B/L is considered stale and the current location/status of the cargo

5. Indemnity Request: Formal request for delivery of goods against Letter of Indemnity due to stale B/L

6. Bank Reference: If applicable, reference to any Letter of Credit and banking arrangements

7. Proposed Resolution: Clear outline of proposed steps to resolve the situation and release the cargo

8. Security Arrangements: Details of proposed security arrangements including indemnities and/or bank guarantees

Optional Sections

1. Insurance Confirmation: Include when specific insurance arrangements are required to cover the risks of delivery without original B/L

2. Customs Declaration: Required when customs clearance is affected by the stale B/L situation

3. Bank Undertaking: Include when a bank's separate undertaking is required for the release of goods

4. Force Majeure Declaration: Include if the B/L became stale due to force majeure events

5. Previous Correspondence Reference: Include when referring to prior attempts to resolve the situation

Suggested Schedules

1. Copy of Stale Bill of Lading: Authenticated copy of the original Bill of Lading in question

2. Draft Letter of Indemnity: Proposed format of the Letter of Indemnity to be provided

3. Bank Guarantee Format: If applicable, the required format of bank guarantee

4. Cargo Documentation: Relevant cargo certificates, packing lists, and commercial invoices

5. Authorization Letters: Any required authorization letters from involved parties

6. Chain of Title Documentation: Documents evidencing the chain of title to the goods

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Bill of Lading
Stale Bill of Lading
Letter of Indemnity
Bank Guarantee
Carrier
Consignee
Shipper
Vessel
Voyage
Port of Loading
Port of Discharge
Letter of Credit
Banking Day
Business Day
Cargo
Clean Bill of Lading
Commercial Invoice
Customs Documentation
Delivery Order
Force Majeure
Freight Forwarder
Goods
Governing Law
Indemnified Parties
Issuing Bank
Maritime Documents
Negotiable Instrument
Original Bills of Lading
Parties
Presentation
Shipping Agent
Swiss Law
Terminal Operator
Trade Documents
UCP 600
Underlying Transaction
Relevant Industries

Maritime Transport

International Trade

Banking & Finance

Logistics & Supply Chain

Insurance

Commodities Trading

Manufacturing

Import/Export

Freight Forwarding

Port Operations

Relevant Teams

Legal

Trade Finance

Shipping Operations

Risk Management

Supply Chain

Documentary Credits

Commercial Operations

Compliance

International Trade

Banking Relations

Maritime Operations

Documentation

Relevant Roles

Trade Finance Manager

Shipping Operations Manager

Documentary Credit Specialist

Logistics Coordinator

Import/Export Manager

Legal Counsel

Risk Manager

Supply Chain Director

Commercial Operations Manager

Banking Relations Manager

Customs Compliance Officer

Maritime Documentation Specialist

Trade Operations Supervisor

Letter of Credit Manager

Industries
Swiss Federal Code of Obligations (OR): The primary source of Swiss contract law, particularly Articles 965-1155 governing securities and negotiable instruments
Swiss Maritime Navigation Law (RSN): Despite being landlocked, Switzerland maintains maritime law regulations governing maritime documents including Bills of Lading
International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (Hague-Visby Rules): International rules governing Bills of Lading which Switzerland has incorporated into its legal framework
UCP 600 (Uniform Customs and Practice for Documentary Credits): While not strictly legislation, these ICC rules are crucial for dealing with stale Bills of Lading in international trade finance
Swiss Federal Act on International Private Law (IPRG): Governs cross-border aspects of commercial transactions and determines applicable law in international trade disputes
Swiss Customs Act: Relevant for handling documentation requirements for international trade and importing/exporting goods
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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