Almare Societa di Navigazione S.p.A. v. Derby and Co. Ltd. (The Almare Prima) - Q.B.D. (Com.Ct.) (Phillips J.) - 6 April 1989

Arbitrations mistakenly appointed on basis of arbitration clause in bills of lading - Whether arbitrators had jurisdiction to make an award on the merits

Derby bought a cargo of fuel oil of FOB terms that provided for payment against bills of lading. The contract expressly provided for title to pass to Derby at the loading port. The Almare Prima was chartered for that purpose. Bills of lading were issued which purported to incorporate an arbitration clause in that charterparty. However, the cargo had been loaded, carried and delivered to Derby before they or their agents received the bills of lading. The bills of lading were subject to the Hague Rules.