The Law Reports (Probate, Divorce and Admiralty Division)
[1965] P 223
[COURT OF APPEAL.]
OWNERS OF CARGO ON BOARD THE MERAK v. THE MERAK (OWNERS). THE MERAK.
[1962 M. No. 3816.]
1964 June 29,
30;
July 1, 28.
1964 Oct. 26, 29;
Dec. 2.
July 1, 28.
1964 Oct. 26, 29;
Dec. 2.
Scarman J. Sellers, Davies and Russell L.JJ.
Shipping
— Bill of lading
— Incorporation clause
— Mistake
— Clause incorporating all terms and conditions of charterparty “(including clause 30)”
— Clause 30 irrelevant to bill of lading
— Inserted in mistake for arbitration clause 32
— Arbitration clause expressly applicable to disputes arising out of bills of lading
— Whether effectively incorporated
— Doctrine of falso demonstratio
— Whether applicable.
Shipping
— Bill of lading
— Time bar
— Hague Rules
— To be interpreted widely
— “Suit”
— Meaning of
— Whether including arbitration
— Hague Rules (as applied by Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), Sch., art. III, r. 6.
Arbitration
— Stay of judicial proceedings
— Bill of lading
— Subject to Hague Rules
— General arbitration clause incorporated
— Damage to cargo
— Issue of writ against carrier
— Time for arbitration expired
— Whether carrier entitled to stay.
Contract
— Construction
— Repugnancy
— Falsa demonstratio non nocet cum de corpore constat
— Absence of corpus evident
— Whether maxim applicable
— “Clause 30” referred to in document in error for “clause 32.”
Contract
— Construction
— Incorporation
— Whether arbitration clause in charterparty incorporated in bill of lading
— Principles applicable.
Statute
— Construction
— International convention
— Statute based on
— Meaning of word
— Whether “suit” includes arbitration
— Hague Rules.
Ships' Names
— The Merak.