The Applicability of Electronic Bill of Lading in Kuwait
Tariq Alawneh
Commercial Law - LAW - KILAW
Abstract
The existing requirements in national and international law for the use of written documents or manual signatures in international trade transactions are considered to constitute major obstacles to the development of electronic commerce at global level. Also questions and uncertainties concern the validity, legal effect and enforceability of transactions including electronic bill of lading conducted via electronic means, in a legal environment based on paper. The Kuwaiti Maritime Law states that the maritime contract of carriage shall be made in a form of bill of lading, and shall be written. Also the law says that the bill of lading shall be drawn on two originals, one shall be handed over to the shipper and the other to the carrier and shall be stamped by a non-negotiable seal. There has equally been a corresponding growth in the body of academic literature seeking to understand the key legal characteristics of e-commerce, and enquiring about their compatibility with traditional rules governing contract formation. This research aims to investigate the applicability of negotiable electronic bills of lading in Kuwait that would replace all the functions of their paper counterparts while also being acceptable for carriers, shippers, bankers and freight forwarders etc.
Keywords
Electronic Contract, Electronic Bill of Lading, Kuwaiti Law, UNCITRAL Model LAW
