What are the main differences in the legal effect of an air waybill and an ocean bill of lading in international air transport?
In this article, Weefreight will explain in detail and hope it will be helpful.
As evidence of a transport contract:
Air waybill: The air waybill itself is a contract for the carriage of goods concluded between the shipper and the air carrier. It becomes effective upon signature by both parties and expires upon delivery of the goods to the consignee listed on the waybill.
Ocean bill of lading: The ocean bill of lading serves as evidence of the transport contract between the carrier and the shipper. It is not itself a transport contract. The transport contract is established when the shipper books the cargo with the carrier. The bill of lading is issued after the goods are loaded on board the ship and serves to prove the existence of the transport contract and the rights and obligations of both parties.
Validity as a cargo receipt:
Airway bill: A carrier’s receipt for goods. After the shipper ships the goods, the carrier or its agent will give one copy to the shipper as proof of receipt. Unless otherwise noted, it serves as proof that the carrier has received the goods and shipped them in good condition.
Ocean bill of lading: A carrier issues a cargo receipt to the shipper after receiving or loading the goods, certifying that the carrier has received the goods as stated on the bill of lading.
Validity as a property right document:
Airway bill: Does not function as a property right document and cannot directly link ownership of the goods. An airway bill is a named bill of lading. Upon arrival at the destination airport, the consignee can collect the goods directly at the airport cargo terminal, without having to wait for the delivery of the documents. Simply presenting identification and customs clearance documents, the consignee can then proceed to the airport cargo terminal to collect the goods.
Ocean bill of lading: Functions as a property right document, serving as proof of ownership of the goods. Except for named bills of lading, all other ocean bills of lading can be transferred by endorsement. The party legally holding the original ocean bill of lading is the legal owner of the goods and the sole party entitled to take delivery of the goods.
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