PRESIDENT OF INDIA v. METCALFE SHIPPING COMPANY, LTD. (THE "DUNELMIA")

[1969] 2 Lloyd's Rep. 476

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Edmund Davies and Lord Justice Fenton Atkinson

Charter-party - Arbitration clause - Dispute over short delivery between charterers and owners - Applicability of arbitration clause in charter-party - Bill of lading indorsed to charterers by shippers - Whether property in goods passed to charterers at loading and bill of lading was mere receipt - Bills of Lading Act, 1855. Bill of lading - Merger with charter-party - Applicability of charter-party and/or bill of lading terms. Sale of goods (f.o.b.) - Passing of property - Bill of lading indorsed by shippers/sellers to charterers/buyers - Whether property passed when loading completed or documents transferred.