THAI-EUROPE TAPIOCA SERVICE LTD. v. SEINE NAVIGATION CO. INC. (THE “MARITIME WINNER”)

[1989] 2 Lloyd's Rep. 506

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Potter

Arbitration - Injunction - Delay in prosecution - Damage to vessel and cargo by fire - Dispute referred to arbitration six years later - Two years three months later plaintiffs informed of settlement negotiations with cargo-owners - Two years later points of claim served - Whether arbitration abandoned by mutual consent - Whether defendants estopped from proceeding with arbitration - Whether defendants’ right to invite arbitrators to make award had lapsed - Whether plaintiffs entitled to injunction restraining defendants from proceeding with arbitration - Whether plaintiffs entitled to invoke powers of court under ss. 1 and 25 of Arbitration Act 1950 to invoke arbitrator’s authority and order that arbitration agreement cease to have effect.