FORESTA ROMANA SOCIETA ANONYME AND ANOTHER v. "GEORGES MABRO" (OWNERS).

(1940) 66 Ll.L.Rep. 139

ADMIRALTY DIVISION.

Before Mr. Justice Langton.

Practice - Stay of action - Arbitration clause - Charter by plaintiffs (Rumanian firm) of Egyptian steamship for carriage of sawn timber from Galatz to Garston-"13. If the nation under whose flag the steamer sails shall be at war, whereby the free navigation of the steamer is endangered, or in case of blockade or prohibition of export of sawn timber from the loading port, this contract shall be null and void at the last outward port of delivery or at any subsequent period when the difficulty may arise, previous to cargo being shipped. 21. All disputes from time to time arising out of this contract shall, unless the parties agree forthwith on a single arbitrator, be referred to the final arbitrament of two arbitrators carrying on business in London, who shall be members of the Baltic and engaged in the shipping and/or grain trades, one to be appointed by each of the parties, with power to such arbitrators to appoint an umpire. Any claim must be made in writing and claimant's arbitrator appointed within three months of final discharge and where this provision is not complied with the claim shall be deemed to be waived and absolutely barred"-Outbreak of war before charter took effect -Notice given by owners of intention to cancel charter-Arrival of vessel in England to undertake British Government charter - Arrest of vessel by plaintiffs-Motion by shipowners to set aside writ and release vessel on ground that matter should be referred to arbitration under Clause 21 - Motion upheld by learned Assistant Registrar- Appeal by charterers - Right of shipowners to claim arbitration-Whether steps taken by them intimated total repudiation of the charter and its terms -Meaning of "null and void"-Scott v. Avery clause-Discretion of Court to refuse stay.