Oesterreichischer Mokerei and ors v. Red Sea Maritime Services and anr (The Tenacia) - Q.B.D. (Adm.Ct.) (Sheen J.) - 31 July 1981

Bill of lading - Proper law of the contract

The issue in this case centred on the ascertainment of the proper law of a bill of lading. A cargo of Austrian milk powder was shipped by an Austrian company onboard the Panamanian vessel Tenacia at Rotterdam. The Tenacia was managed by a Swiss company and was on charter to a Saudi Arabian company. The bill of lading was issued in Rotterdam by a Dutch company for the master. The consignee of the goods named in the bill of lading was an American bank. The cargo was found to be contaminated on discharge and had to be destroyed.