THE "NJEGOS."

(1935) 53 Ll L Rep 286

ADMIRALTY DIVISION.

Before Sir Boyd Merriman (President).

Bill of lading-Conflict of laws-Law of flag-Claim by plaintiffs, Norwegian and Danish indorsees of bills of lading, against owners of Yugoslav steamship Njegos in respect of short delivery of maize and pollards, shipped in vessel from River Plate to Norway and Denmark-Fire on board -Allegation of unseaworthiness - Contention by defendants that they were protected by charter-party exceptions clause incorporated by reference into bills of lading-"All the terms, conditions and exceptions of . . . charter-party, including the negligence clause [Clause 29], are incorporated herewith" - Amended defence that bill of lading contract governed by law of flag-Charter-party made in England in standard English form and in English language and entered into between English company, as agents for defendants, and the English branch of French company, as agents for Argentine shippers-Bills of lading in common English form adopted for particular trade-Whether bills of lading governed by English law or law of flag tried as preliminary issue- Whether terms of incorporation included English arbitration clause in charter-party-Intention of parties -Business efficacy - Necessary presumption -"29. The steamer shall not be liable for loss or damage occasioned by . . . perils of the sea . . . fire from any cause or wheresoever occurring . . . or any latent defects in . . . appurtenances . . . even when occasioned by the negligence, default or error of judgment of the . . . master, mariners or other servants of the shipowners or persons for whom they may be responsible (not resulting, however, in any case from want of due diligence by the owners of the steamer, or by the ship's husband or manager). . . ."