The Law Reports (Probate, Divorce and Admiralty Division)
[1971] P 168
[COURT OF APPEAL]
THE ANNEFIELD
[1968 Folio 200]
1970 May 15;
July 3, 6, 24, 30, 31
1970 Oct. 26, 27, 28
July 3, 6, 24, 30, 31
1970 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
169
— 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