The Biskra - Q.B.D. (Adm. Ct.) (Sheen J.) - 19 November 1982

Admiralty practice - Whether action should be stayed

The defendants were the owners of the vessel Biskra . The plaintiffs were the owners of a cargo of steel sheet carried from Japan to Spain under a bill of lading which provided that any dispute should be decided in the country where the carrier had his principal place of business, which was Algeria. The cargo was damaged on arrival and the plaintiffs subsequently brought proceedings in England. The defendants now applied to stay all further proceedings on the ground that the parties had agreed that the dispute should be decided in Algeria.