The Weekly Law Reports
[1969] 1 WLR 1338
[COURT OF APPEAL]
COMPAGNIE TUNISIENNE DE NAVIGATION S.A.
v.
COMPAGNIE D'ARMEMENT MARITIME S.A.
1969 June 10,
11
Lord Denning M.R., Salmon and Karminski L.JJ.
Conflict of Laws
— Contract
— Proper law
— Contract negotiated in Paris between French shipowners and Tunisian company for transport of oil between Tunisian ports
— Printed form in standard English tanker voyage charter form with additional typed clauses executed
— Printed clause providing “This contract shall be governed by the laws of the flag of the vessel carrying the goods”
— No vessel named
— No flag nominated
— Printed clause providing for arbitration in London
— Additional clause that “shipment to be effected in tonnage owned, controlled or chartered by” French shipowners
— Whether clause purporting to specify proper law capable of application where no vessel and no flag specified
— Whether clause providing for arbitration in London carrying inference that proper law English.