Union Industrielle et Maritime v. Petrosul International Ltd. (The Roseline) - Fed.Ct. Trial Div. (Reed J.) - 23 March 1984

Whether bill of lading “shipper” party to contract of carriage

Petrosul (the defendants) agreed to sell a quantity of sulphur to Industries Chimiques Maghrebines (ICM). Under the contract ICM was to be responsible for loading the buyer’s vessel. Title and risk for the cargo were to pass from seller to buyer as the sulphur passed into the vessel at time of loading. The contract provided for disputes to be arbitrated in accordance with the law of British Columbia. ICM chartered the vessel Roseline for the plaintiffs under a charterparty which, inter alia , provided for disputes to be settled by arbitration in Paris by the Chambre Arbitral Maritime, with French law to apply.