· Gökçen Özkan
MLETR, ETDA and the NCD Convention: The Differences, Side by Side
Short answer. The three are layers, not alternatives. MLETR is a model that states copy into their own law. ETDA 2023 is a UK statute influenced by that model, and it works today for documents governed by English law. The NCD Convention is a treaty that creates a new negotiable document for any transport mode. For Turkish maritime trade, the route that works today is an eBL governed by English law on a P&I-approved platform. The lasting fix is an MLETR-aligned amendment to the Turkish Commercial Code. The NCD Convention replaces neither; it opens a new door for multimodal transport.
The comparison below runs on eight criteria, each with its legal basis.
Legal nature
MLETR: Model law (UNCITRAL, 2017). Binding only once a state enacts it.
ETDA 2023: UK statute (Electronic Trade Documents Act 2023). In force since 20 September 2023.
NCD Convention: International treaty. Binds contracting states only.
Scope
MLETR: All electronic transferable records: bills of lading, bills of exchange, promissory notes, warehouse receipts, etc.
ETDA 2023: Listed trade documents: bills of lading, bills of exchange, promissory notes, ship's delivery orders, warehouse receipts, mate's receipts, marine insurance policies and cargo insurance certificates.
NCD Convention: A new document type: a paper or electronic NCD for any transport mode.
What replaces paper
MLETR: Control (Art. 11) as the functional equivalent of possession.
ETDA 2023: A qualifying electronic document can be possessed (s.3).
NCD Convention: Transfer of the NCD has the effect of handing over the goods (Art. 7(4)); electronic NCD rules in Arts. 12–18.
Reliability test
MLETR: General reliability standard (Art. 12).
ETDA 2023: Distinguishable from copies, protected against unauthorised alteration, exclusive control by one person, control ends on transfer; reliable system (s.2).
NCD Convention: Reliable-method requirements for electronic NCDs drafted by reference to MLETR (Arts. 12–18).
Carrier liability
MLETR: Not addressed.
ETDA 2023: Not addressed.
NCD Convention: Expressly not addressed; existing carriage conventions (Hague-Visby, CMR, CIM, Montreal) continue to apply.
Cross-border effect
MLETR: Non-discrimination against foreign records (Art. 19).
ETDA 2023: Applies where English law governs the document.
NCD Convention: Uniform rules among contracting states.
Current status
MLETR: 13 states on UNCITRAL's list (14 October 2026).
ETDA 2023: In force.
NCD Convention: Opens for signature 26 October 2026; in force 180 days after the 10th ratification.
For Türkiye
MLETR: Not enacted; EBRD–Ministry of Trade reform under way.
ETDA 2023: Reachable in practice if the eBL is governed by English law; not automatically binding on Turkish courts or customs.
NCD Convention: Requires signature and parliamentary ratification; a direct tool for multimodal routes such as the Middle Corridor.
Verdict
Today: a Turkish carrier or exporter can use an electronic bill of lading by subjecting it to English law and using a platform approved by the International Group of P&I Clubs (IG). That is strong between the parties; before Turkish courts and public authorities, the outcome is uncertain. Detail: eBL platforms: a legal guide.
Medium term: the real fix is a domestic MLETR-aligned rule giving the electronic bill of lading the status of its paper equivalent. We track it, dated, in the Türkiye eBL Legal Status Tracker.
Multimodal: the NCD Convention enables a single document that also covers rail and road. Whether Türkiye joins is a separate decision. Detail: The NCD Convention and Türkiye.