Thyssen Canada Ltd and Anr v Mariana Maritime SA and Ors (The ‘Mariana’) - Federal Court of Appeal (Décary, Robertson and Sexton JJA) - 22 March 2000

Carriage of goods by sea - Cargo owners bringing cargo claim against shipowners relating to damage incurred during voyage sub-charter - Bill of lading incorporating all terms of ‘charterparty as dated overleaf’ - No specific charterparty referred to in bill of lading - Whether London arbitration clause in sub-charter incorporated

The plaintiffs had agreed to purchase 18,000 metric tons of hot rolled coils to be supplied by Romanian mills for shipment to Windsor, Ontario. The terms of payment and delivery were ‘CFR Free Out Windsor, Ontario, Canada’. The coils were carried on board the vessel Mariana. Some of the coils were damaged by fire while the vessel was transiting the Bosphorous. The plaintiffs brought proceedings in Canada against the defendant shipowners and others alleging loss and damage to the cargo of hot rolled coils.