Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

GORTHON INVEST AB v. FORD MOTOR CO. LTD. (THE "MARIA GORTHON")

[1976] 2 Lloyd's Rep. 720

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Mocatta

Arbitration - Charter-party - Arbitration clause - Charterers' cargo damaged - Claim by charterers against shipowners in U.S. Court - Application by shipowners for stay under arbitration clause - Stay refused - Defence filed by shipowners - Action by shipowners in English Court asking for stay - Application by charterers for action to be struck out as being abuse of process of Court because right to arbitration had been waived - Whether stay of English action should be granted.

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