Defining control of an electronic bill of lading

The UNCITRAL Model Law on Electronic Transferable Records (MLETR) uses the language of "control" of electronic bills of lading (eBLs), considering that in different jurisdictions, "possession" may have diverging definitions, whereas the UK's Electronic Trade Documents Act 2023 (ETDA 2023) adheres to "possession" as the defining concept. This article examines whether there is a need to introduce "control" of an eBL, and the legal framework surrounding this issue.

In the shipping context, "control" of a paper bill of lading is characterised by the possession of the paper, which confers contractual rights under the carriage contract and represents a symbolic delivery of goods. With the shift to digital systems, "control" of eBLs and the goods now depends on technological systems that manage access to electronic records.