N.V. GEBR. VAN UDEN'S SCHEEPVAART EN AGENTUUR MAATSCHAPPIJ v. V/O SOVFRACHT.

(1941) 71 Ll.L.Rep. 61

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice Goddard and Lord Justice du Parcq.

Alien enemy-Enemy-occupied territory- Dutch shipowners with principal place of business at Rotterdam - Charter-party entered into between Dutch company and Russian charterers - Dispute under charter-party-Provision for arbitration in London - Appointment of arbitrators-Invasion and occupation of Netherlands by Germans - Refusal by charterers to proceed with arbitration - Summons taken out by Dutch company asking for appointment of umpire - Order of Asquith, J., upholding decision of Master Ball granting application - Appeal by charterers on grounds that Dutch company had become enemies (1) at common law; (2) under Trading with the Enemy Act, 1939-Effect of letter to Dutch company's solicitors from Custodian of Enemy Property saying that "there will be no objection so far as the Trading with the Enemy legislation is concerned to your proceeding with the arbitration"-Whether retainer of Dutch company's solicitors determined as soon as Netherlands occupied by Germans-Authority to issue summons -Trading with the Enemy Act, 1939, Sects. 1, 2-Defence (Trading with the Enemy) Regulations, 1940 (S.R. & O., No. 1092).