Owners of the cargo lately laden on board the ship or vessel “ELPIS” v Owners of the ship or vessel “ELPIS”: AdCt 17 Oct 1997

ComC Arbitration – letter of undertaking – Arbitration section (14) of the Arbitration Act 1996 – Appeal from Admiralty Registrar – Cargo claim – application to add Plaintiff – were Defendants entitled to a stay or was the Arbitration Agreement inoperative because of the terms of a letter of undertaking? – was the expression ‘owners of cargo’ wide enough to include the new Plaintiff? It was – it followed that the parties agreed to submit the new Plaintiff’s claim to the exclusive jurisdiction of the court, that its Arbitration Agreement was inoperative and that its application succeeded. Appeal dismissed.

Judges:

Clarke J

Citations:

Unreported, 17 October 1997

Jurisdiction:

England and Wales

Arbitration

Updated: 13 May 2022; Ref: scu.220803