BEN LINE STEAMERS, LTD. v. COMPAGNIE OPTORG, OF SAIGON.

(1936) 56 Ll L Rep 83

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Scott and Mr. Justice Eve.

Arbitration - Practice - Fresh evidence - Dispute under charter-party-Stevedoring charges-Vessel chartered for carriage of rice and maize from Saigon to Havre and Dunkirk-Dispute as to stevedoring rates payable by owners- "Charterers' agents to nominate stevedore at loading port and discharge ports, provided rates charged are not higher than captain can get the work done by other good stevedores"- Stevedores nominated by charterers- Stevedoring contract previously entered into between owners and J. & H. whereby J. & H. agreed to discharge owners' steamers at Havre and Dunkirk at a rate in fact less than that charged by charterers' nominees- Discharge effected by charterers' nominees under protest by owners- Contention by owners that they were entitled to refund of charges in excess of those provided by contract with J. & H.-Whether contract rate applicable-Award in favour of charterers -Case stated-Question for the opinion of Court: Whether owners were entitled to recover sums claimed -Case remitted to arbitrator by learned Judge for the purpose, if necessary, of taking further evidence and finding whether the owners could in fact have got the work done at Havre and Dunkirk at the particular time at a cheaper rate than that charged by the charterers' nominees.