Digitalisation Creating Uncertainty And An Opportunity For Cyber Criminals

is a pin code a delivery order?

Rapid advances in technology have resulted in increased digitalisation in the shipping industry, but problems can arise if technology is able to respond and to develop at a speed which cannot be matched by the law and if changes are not also made to underlying contracts. Technology is developing faster than legislators can react, which means that careful consideration of contract terms is essential, but all too often parties are slow to update their existing contract terms.

The point is illustrated by the recent English Court of Appeal case, MSC Mediterranean Shipping Company S.A. v. Glencore International AG [2017], which involved the loss of cobalt briquettes which were carried in containers by MSC. Glencore was the holder of the bill of lading ( "B/L") and the owner of the cargo. Following discharge at Antwerp, two of three containers went missing.