The Law Reports (Appeal Cases)
[1971] AC 572
[HOUSE OF LORDS]
COMPAGNIE D'ARMEMENT MARITIME S.A. APPELLANTS AND COMPAGNIE TUNISIENNE DE NAVIGATION S.A. RESPONDENTS
[on appeal from COMPAGNIE TUNISIENNE DE NAVIGATION S.A. v. COMPAGNIE D'ARMEMENT MARITIME S.A.]
1970 April 30;
May 4, 5, 6;
July 14
May 4, 5, 6;
July 14
Lord Reid, Lord Morris of Borth-y-Gest Viscount Dilhorne, Lord Wilberforce and Lord Diplock
Conflict of Laws
— Contract
— Proper law
— Curial law distinguished
— Contract negotiated in Paris between French shipowners and Tunisian company for transport of oil between Tunisian port
— 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.