Cie Tunisienne de Navigation SA v Cie d’Armement Maritime SA

Subject Matter

ARBITRATION — Arbitrator — Jurisdiction — Standard tanker voyage charterparty — Foreign parties — Clause providing contract to be governed by law of flag — Clause providing for arbitration in London — Proper law

[1969] 1 WLR 449; [1969] 1 Lloyd's Rep 247, QBD

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 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

[1969] 1 WLR 449; [1969] 1 Lloyd's Rep 247, QBD

[1969] 1 WLR 1338; [1969] 3 All ER 589; [1969] 2 Lloyd's Rep 71, CA

[1971] AC 572; [1970] 3 WLR 389; [1970] 3 All ER 71; [1970] 2 Lloyd's Rep 99, HL(E)

Appellate History