Arbitration Clause - Admiralty Law

Comtois International Exports Inc. v. Livestock Express BV, 2013 FC 1239, 2014 FC 475

In Arbitration/Jurisdiction Clauses in Maritime Law, Stays of Proceedings on May 15, 2014 (Updated June 03, 2015)

Précis: The court had no discretion to not enforce an arbitration clause in a charter party/booking note.

Application of s.46 MLA to Charterparties - Arbitration Clause - Carriage of Goods - Stay of Proceedings

T. Co. Metals LLC v. The Federal Ems, 2011 FC 291, 2012 FCA 284

In Admiralty Practice, Stays of Proceedings on November 8, 2012 (Updated July 11, 2012)

A cargo of cold-rolled steel coils was carried from Brazil to Toronto pursuant to bills of lading that incorporated the terms and conditions of a voyage charterparty between the exporter and the time charterer of the vessel. Pursuant to the terms of the voyage charterparty, the exporter was to be responsible for the loading, stowing and discharging of the cargo. …

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Arbitration Clause - Fraud - Res Judicata - Stay of Proceedings

New World Expedition Yachts LLC v. P.R. Yacht Builders, 2011 BCSC 78

In Admiralty Practice, Stays of Proceedings on January 25, 2011 (Updated July 11, 2012)

In this action the plaintiff alleged that the defendant shipbuilders had engaged in a fraudulent scheme in relation to a ship building contract. The vessel was being built under a contract between the plaintiff/purchaser, NWEY, and the defendant/builder, PRYB. PRYB sub-contracted the labour part of the build to a related company, FCY, also a defendant. Disputes arose during the course …

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Arbitration Clause - Bills of Lading and Incorporation of Charter Terms - Charterparties - MLA s.46 - Stay of Proceedings - Striking Claims

Dongnam Oil & Fats Co. v. Chemex Ltd. et al., 2004 FC 1732

In Arbitration/Jurisdiction Clauses in Maritime Law, In Rem Actions and Arrest on December 10, 2004 (Updated July 18, 2012)

This matter concerned damage to a cargo of bleached tallow to be carried from Newark, New Jersey to Inchon, Korea. The cargo was to be carried on board the ship “Tuapse”. The “Tuapse” was owned by Novoship but chartered under a head charter to Chemex. The head charter provided for London arbitration. The Plaintiff and Chemex entered into a voyage …

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Arbitration Clause - Commercial Arbitration Code - Stay of Proceedings

Mariana Maritime S.A. v. Stella Jones Inc., 2002 FCA 215

In Arbitration/Jurisdiction Clauses in Maritime Law on May 24, 2002 (Updated July 18, 2012)

This was an appeal from an Order by the motions Judge dismissing an application by the Defendant carriers for a stay of proceedings. The facts were that the parties had entered into a “Conline” booking note for the carriage of the Plaintiffs’ cargo. The booking note specified that its terms would be superceded by the terms of the bill of …

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Arbitration Clause - Incorporation by Reference

Thyssen Canada Limited v. The "Mariana, [2000] 3 FC 398

In Arbitration/Jurisdiction Clauses in Maritime Law on March 22, 2000 (Updated July 18, 2012)

This was a motion to stay proceedings and refer the matter to arbitration pursuant to an arbitration clause contained in a charter party and incorporated by reference in the bill of lading. Clause 1 of the bill of lading expressly incorporated the charter party including any choice of law clause or arbitration clause. However, the details of the charter party …

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Arbitration Clause - Costs - Counter Security - Stay

Frontier International Shipping Corp. v. The "Tavros", [2000] 2 FC 427, [2000] 2 FC 445

In Arbitration/Jurisdiction Clauses in Maritime Law, Costs and Security for Costs on December 23, 1999 (Updated July 18, 2012)

In this matter the Plaintiff commenced proceedings to obtain security by arrest for arbitration proceedings in New York. Once the security was obtained the Plaintiff brought an application to stay the proceedings. The Defendant questioned the fairness of an arrest to obtain security for an arbitration and also requested counter-security for its counter-claim in the arbitration as well as security …

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Arbitration Clause - Letters of Undertaking - Stay of Proceedings

Methanex New Zealand v. Fontaine Navigation S.A., 1998 CanLII 9039 (FC)

In Arbitration/Jurisdiction Clauses in Maritime Law on January 9, 1998 (Updated July 18, 2012)

This was an application for a stay of proceedings on the grounds of an arbitration clause in a contract of affreightment and a jurisdiction clause in the bill of lading. The Plaintiff resisted the application on various grounds including that the Defendants, through their solicitors, had given a letter of undertaking. The letter of undertaking provided that, in consideration of …

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Arbitration Clause - Charter Party - Stay of Proceedings - Waiver & Estoppel

Siderurgica Mendes Junior S.A. v. The "Ice Pearl", 1996 CanLII 2746 (BC SC)

In Arbitration/Jurisdiction Clauses in Maritime Law on January 31, 1996 (Updated July 18, 2012)

In this cargo case the Plaintiffs argued that an arbitration clause in a charter party should not be given effect to on two grounds: First, that the bill of lading contained a "supersession clause" that did not specifically refer to the arbitration provision and, second, that the Defendant had waived its right to arbitration. On the first issue, the Court …

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