Intercontinental Export Co. (Pty.) v. MV Dien Danielson - Natal Provincial Division (Howard J.) - 1982 (3) S.A. 534

Voyage charterparty - whether charterers becoming owners of cargo under bill of lading bound by arbitration clause in charterparty

The plaintiffs had chartered the defendant vessel on a Gencon form for the carriage of a cargo of canned fish from Peru to Durban. When the cargo was received on board in Peru, the master issued a bill of lading, not to the charterer but to the shipper, Sindicato Pesquero del Peru. The shipper indorsed the bill in blank and the plaintiffs (charterers) claimed to have become its holder and owner of the cargo.