We wish to draw our members’ attention to the fact that the International Group of P&I Clubs has approved the ICE Access Agreement (2023.01) allowing parties to use ICE’s electronic trading system for electronic bills of lading without the need for a separate Databridge Services & Users Agreement (DSUA) in cases where:
i. any relevant bill of lading is subject to a law that recognises its legal validity as equivalent to a paper bill of lading; and,
ii. ICE has issued a circular notifying the user accordingly.
We note that the ICE offering includes electronic bills of lading both under the Access Agreement and the multilateral DSUA (version 2023.1 was previously approved by the International Group).
Exclusions of cover relating to the carriage of cargo will of course continue to apply in respect of all the approved providers in the same way as for paper systems. These exclusions include discharge at a port or place other than the port or place provided for in the contract of carriage, the issue / creation of an ante or post-dated electronic document / record, and the delivery of cargo without the production of the negotiable electronic document / record, which in the case of an approved electronic trading system will mean delivery of cargo other than in accordance with the rules of that trading system.
