The Weekly Law Reports
[1971] 2 WLR 320
[COURT OF APPEAL]
THE ANNEFIELD
[1968 Folio 200]
1970 May 15;
July 3, 6, 24, 30, 31 Oct. 26, 27, 28
July 3, 6, 24, 30, 31 Oct. 26, 27, 28
Brandon J. Lord Denning M.R., Phillimore and Cairns L.JJ.
Shipping
— Charterparty
— Centrocon arbitration clause
— Incorporation in bill of lading contract “all the terms, conditions and exceptions … including the negligence clause” from charterparty
— Whether general words apt to incorporate arbitration clause
— Incorporating words in use in charterparty and bill of lading since 1914 construed in 1936 as excluding arbitration clause
— Business practice based on 1936 construction
— Impropriety of disturbing settled construction
— Clauses not germane to bills of lading contracts to be incorporated only by express words
Judicial Precedent
— Decision long undisturbed
— Shipping
— Clause in use in charterparty and bill of lading since 1914
— Construed by court in 1936
— Impropriety of upsetting construction forming basis of settled business practice
Ships' Names
— Annefield