The Legal Significance and Evidentiary Effect of the “Weight and Quantity Unknown” Clauses in Bills of Lading under the Rotterdam Rules

Abstract

The objectives of this article are (1) to point out the legal uncertainty and unfair situation where “weight and quantity unknown” clause is inserted in bills of lading; (2) to explore the Rotterdam Rules’ Which is new regulatory regime that aims to minimise the unfair use of “weight and quantity unknown” clause; and (3) to analyse whether this new Rotterdam Rules framework can address the problems of uncertainty and unfairness. “Weight and quantity unknown” clauses exist in the context of goods loaded on a vessel with no reservation stated on the face of the bill of lading. In such cases, the contract particulars stated in the bill have an evidentiary effect against the carrier. In order to protect against being bound by the evidentiary effect for cargo lost or damaged during transit, carriers often insert a “weight and quantity unknown” clause on the face of the bill of lading.
It has been questionable whether such clause is considered as a valid reservation that can destroy the evidentiary value of the information stated in the bill of lading. This research found that the new provisions of the Rotterdam Rules constitute an optimal paradigm to limit the use of “weight and quantity unknown” clause in order to efficiently address unfairness without an undue burden on the carrier, and to provide a more comprehensive, but not overly rigid criteria for the evidentiary effect. Additionally, the legal status of this problematic clause should be clarified at both national and international levels to create universal uniformity and enhance legal certainty amongst stakeholders in the international trade and shipping industry.