Art. 68, sentence 2 CISG A 68-1 : The criterion used in sentence 2, ‘if the circumstances so indicate’, is rather vague. It is undisputed that sentence 2 applies where the buyer is entitled to an insurance claim directly from the insurer where the insurance contract covers all risks from the moment the goods are loaded on ship. See the following INCOTERMS clauses.

doi:10.4324/9780203945445-178

Chapter

ABSTRACT

The seller must at his own expense provide the buyer without delay with the usual transport document for the agreed port of destination. This document (for example a negotiable sea waybill or an inland waterway document) must cover the contract goods, be dated within the period agreed for shipment, enable the buyer to claim the goods from the carrier at the port of destination and, unless otherwise agreed, enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer (the negotiable bill of lading) or by notiﬁcation to the carrier. [. . .]