Re Arbitration between Tank of Oslo and Agence Maritime L Strauss of Paris
| Jurisdiction | England & Wales |
| Judgment Date | 22 November 1939 |
| Date | 22 November 1939 |
| Court | Court of Appeal |
Court of Appeal
Scott, Clauson and Goddard, L.JJ.
A/S ‘Tank of Oslo’ v. Agence Maritime L. Strauss of Paris: s.s. ‘James Hansen’
Charter-party — Construction —‘To Proceed (as Ordered on signing bills of lading) direct to one safe port East Coast, United Kingdom, or on the Continent, Bordeaux/Hamburg range’
ASPINALL'S MARITIME LAW CASES. 349 CT. OF APP.] A/S TANK OF OsLo v. AGENCE MARITIME L. STRAUSS OF PARIS [CT. OF APP. Supreme Court of Judicature. COURT OF APPEAL. November 22, 1939. (Before SCOTT, CLAUSON and GODDARD, L.JJ.) A/S " Tank of Oslo " v. Agence Maritime L. Strauss of Paris: s.s. "James Hansen." (a) Charter-party-Construction-" To proceed (as ordered on signing bills of lading) direct to one safe port East Coast, United Kingdom, or on the Continent, Bordeaux/Hamburg range "- Charterers' " option of discharging at two safe ports as above "-Exercise of option before time of signing bills of lading. By a charter-party it was provided that a ship should load in the United States of America a full and complete cargo of petroleum. By clause (1);-The ship " being so loaded shall therewith proceed (as ordered on signing ?? of lading) direct to one safe port East ?? United Kingdom, or on the Continent, ?? deaux/Hamburg range." By clause (26) :- " Charterers have the option of discharging at two safe ports as above and in the event of this option being exercised charterers are to pay extra freight; 6d. per ton on the whole cargo shipped for two ports on the same coast and in the same country." The charter was in printed form, but the words in clause (1)-" one safe port East Coast, United Kingdom, or on the Continent " and clause 26 were typewritten. Held, that the option of discharging at two safe ports need not be exercised at the moment of the signing of bills of lading. The words " as above " in the words of clause (26), " op-tion of discharging at two safe ports as above " referred to the typewritten words in clause (1):- "one safe port East Coast, United Kingdom or on the Continent," and meant that the two safe ports must be within the range there specified. APPEAL from a decision of Atkinson, J. on a case stated by an umpire. The appellants, the A/a Tank of Oslo, were shipowners who chartered a Norwegian tanker, ??. James Hansen, to the respondents, Agence Maritime L. Strauss of Paris, to load in the United States a full and complete cargo of petroleum. By clause (1) of the charter-party it was provided that she " being so loaded shall therewith proceed (as ordered on signing bills of lading) direct to one safe port East Coast, United Kingdom, or on the Continen??, Bordeaux/Hamburg range." By clause (26):-" Charterers have the option of discharging at two safe ports as above and in the event of this option being exercised charterers are to pay extra freight as follows :-6d. per ton on the whole cargo shipped for two ports on the same coast and in the same country. Ports between Bordeaux and Dunkirk to be considered as on the same coast. Is. per ton on the whole cargo shipped for two ports on different coasts or in different countries." The charter was in printed form, but the words in clause (1): " one safe port East Coast, United Kingdom or on the Continent " and clause (26) were typewritten. The original intention, as appeared from the correspondence between the parties, was that the vessel should proceed from Philadelphia, the loading port, to Le Havre. On 8th January, 1937, some time before the date of loading, 23rd January, 1937, the charterers indicated to the owners that they wished the vessel to go to " an option extra port Bordeaux." By the correspondence that followed it appeared that the shipowners wanted the order of call to be Le Havre first and then Bordeaux, but the charterers wanted the order to be Bordeaux first...
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