스위치 선하증권과 관련한 법적 쟁점 및 리스크에 관한 연구

초록

The aim of this research has been to provide a legal analysis of issuing switch bills of lading and to focus the attendant risks, as well as to provide some solutions of mitigating these risks. The issue of a switch bill may leave the issuer open to liability for fraud, illegal activity or misrepresention, or for colluding to circumvent international sanctions. These risks may be mitigated by giving careful attention to the preconditions for requesting a switch. Clauses could be included in charterparties indicating that a switch bill will only be issued in exchange for the original bill, that requests to switch must come from the holder of original bill, and that they must be accepted to by certain designated persons on behalf of the issuer of the original bill. These clauses could also specify in advance the particular circumstances where a switch will not be accepted to. They could also require that an LOI be provided by the person requesting the switch. These clauses can prevent the carrier from becoming liable for the actions of purported agents who issue the switch bill without the preconditions being met. Establishing a global electronic system to cover all shipping companies’ transactions also could mitigate the risks, which could b able to give issuers and holders alike visibility into contractual terms and entitlements. This visibility could do much to mitigate many of the risks discussed above.

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