DOCDEX Decision No. 229
Posted: Tue Dec 30, 2008 9:56 pm
Dear Friends,
please consider DOCDEX Decision No. 229 which shows
please consider DOCDEX Decision No. 229 which shows
LC requires
(v) Beneficiary's certificate certifying that original mill's test certificate, one original certificate of origin issued by the Chamber of Commerce and Industry of Country A, and one set of non-negotiable documents have been sent to the applicant by DHL within five working days from B/L date. Such a courier copy shall be presented for negotiation.
i would like to hear your opinion on this caseAnalysis
2. It is the unanimous decision of the Panel that the Respondent was not entitled to refuse the beneficiary's certificate on the ground that "beneficiary's certificate's issue date of August 15th 2001 is different from the dispatch date August 16th 2001 on courier's receipt copy". The L/C required this document to certify that " ... documents have been sent to the applicant by DHL within 5 working days from the B/L date. Such a courier copy shall be presented for negotiation." While the tense of the sentence - i.e., "have been sent" - suggests the certificate to be dated after sending the documents, the August 15th dating on the certificate and the DHL courier copy, indicating dispatch on August 16th satisfy the requirement in the L/C because the B/L date was 15th August.