DISTILLERS CO. LTD. AND ANOTHER v. M.V. "AGELOS RAPHAEL", PROTOSTATIS COMPANIA NAVIERA S.A. AND ATLANTIC LINES & NAVIGATION CO. INC. (THE "AGELOS RAPHAEL")

[1978] 1 Lloyd's Rep. 105

CANADAFEDERAL COURTTRIAL DIVISION

Before Mr. Justice Walsh

Arbitration-Stay of action-Bill of lading containing arbitration clause-Goods shipped at Toledo, Ohio, for delivery at Leith, Scotland-Vessel operated by Greek company-Officers and crew Greek-Vessel grounding in St. Lawrence River- Cargo damaged-Arbitration clause stating that disputes must be submitted to arbitration in London-Action brought in Canadian Court by cargo-owners-Application by shipowners to contest Court's jurisdiction or stay action by reason of arbitration clause-Whether application should be granted-Factors to be considered-Canada.