Glencore International AG v MSC Mediterranean Shipping Co SA and Another [2015] EWHC 1989 (Comm)

Delivery orders: delivery under electronic release system. The dispute between the claimant (Glencore) and the defendant (MSC) arose when two out of three containers containing cobalt briquettes carried by MSC had gone missing. The carrier, MSC, did not issue paper delivery orders or release notes against bills of lading, but "import PIN codes".

Glencore had contracted with MSC to have three containers shipped from Fremantle to Antwerp under a negotiable bill of lading. The cargo had been shipped under a bill of lading issued by MSC and dated 21 May 2012. The bill of lading named Glencore as the shipper, and C Steinweg NV (Steinweg), Glencore’s agents at Antwerp, as “Notify Parties”. It was a negotiable bill (the consignee box being completed “to order”) and there was an express choice of English law as applicable to the bill of lading, and the parties agreed upon exclusive jurisdiction of the English High Court.