NOBLE CHARTERING INC V PRIMINDS SHIPPING (HK) CO LTD (THE "TAI PRIZE")

[2021] EWCA Civ 87, Court of Appeal, Civil Division, Lord Justice Bean, Lord Justice Males and Lady Justice Rose, 28 January 2021

Contract – Cargo damage – Unclaused bill of lading – Attribution of words "clean on board" in bill of lading – Implication of terms - Arbitration Act 1996, section 69

The disponent owner Noble had, by a voyage charterparty dated 29 June 2012, agreed to let the MV Tai Prize to Priminds for the carriage of a cargo of heavy grains, soya and sorghum in bulk from Brazil to the People’s Republic of China. The vessel arrived at Santos in July 2012 and loaded a cargo of Brazilian soya beans. A bill of lading on the Congenbill 1994 form was offered for signature by or on behalf of the master on 29 July 2012. Under the heading "Shipper’s description of Goods" the cargo was described as being "63,366.150 metric tons Brazilian Soyabeans Clean on Board Freight pre-paid". The bill of lading was executed by agents on behalf of the master without any reservations, stating that the cargo had been: "SHIPPED at the Port of Loading in apparent good order and condition on board the Vessel for carriage to the Port of Discharge ... Weight, measure, quality, quantity, condition, contents and value unknown ...". It incorporated the Hague Rules.