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Jayanta Bandyopadhyay   28 November 2023

Airway bill

Is it essential to include contract detail of importer and exporter in airway Bill? AWB is a contract between airlines and consignor being appointing authority. 



Learning

 5 Replies

P. Venu (Advocate)     28 November 2023

The query is short of material facts.

Jayanta Bandyopadhyay   28 November 2023

Sir

 

Our query is that AWB is a contract between airlines and appointing consignor. Then if other things are brought in, airlines may object or unnecessarily get involved . Any other point? Pl let me know.

Regards

T. Kalaiselvan, Advocate (Advocate)     29 November 2023

The air waybill also contains the shipper's name and address, consignee's name and address, three-letter origin airport code, three-letter destination airport code, declared shipment value for customs, number of pieces, gross weight, a descripttion of the goods, and any special instructions (e.g., "perishable").

An AWB also contains the conditions of the contract that describe the carrier's terms and conditions, such as its liability limits and claims procedures, a descripttion of the goods, and applicable charges.

Dr. J C Vashista (Advocate and Legal Consultant)     29 November 2023

Incomplete information cannot lead to form proper opinion and oblige.

It is better to consult a local prudent lawyer with relevant records for analysing facts and professional advise.

Sanskriti Tiwari   29 November 2023

The Air Waybill (AWB) serves as a crucial document in air freight transportation, outlining the terms of carriage between the shipper (consignor) and the carrier (airline). While it primarily focuses on the carriage of goods, including contract details of the importer and exporter isn't explicitly required in an AWB.

From a legal perspective, the Montreal Convention of 1999 and the Warsaw Convention of 1929 (as amended) govern international air carriage. These conventions don't mandate the inclusion of importer/exporter contract details in the AWB. Instead, the AWB primarily details information about the goods being shipped, the origin, and destination.

However, the contract between the importer/exporter and the carrier is governed by separate agreements or contracts, such as purchase orders, sales contracts, or other commercial agreements. These agreements typically outline the obligations, liabilities, and terms between the parties involved in the transaction.

Nevertheless, including importer/exporter details in the AWB could provide clarity and assist in resolving disputes, especially regarding ownership, delivery, or responsibilities during transit. While not mandatory, some carriers or shippers may include this information for administrative purposes or to align with their internal processes.

In terms of case law, specific cases involving the absence of importer/exporter details in the AWB leading to legal disputes are scarce. Courts usually focus on the terms outlined in the AWB itself and the applicable laws governing contracts and carriage of goods.

In summary, while the AWB primarily focuses on carriage details, including importer/exporter contract specifics isn't mandated by international conventions. However, for clarity and to align with the parties' agreements, some may opt to include these details in the AWB to mitigate potential disputes.


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