DOCUMENTATION AND THE UCP
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Whether they fall within Art. 19 or Art. 20 is a test of substance not form. A test of substance distinguishing between a waybill and a bill of lading might be more difficult to operate. As we saw in the discussion of The Rafaela S in chapter 7,22 the difference between the waybill and the straight bill of lading may in fact be one largely of form. What the document calls itself will often determine what it is, although as we also saw in the discussion of The Rafaela S, other matters can be relevant, such as whether the document is issued in more than one original, and whether it states expressly that delivery is to be made only against its production. If so, then it is more likely to be regarded as a bill of lading. However, since Arts 20 and 21 are in essentially similar terms, it probably does not matter much how the document is classified.