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

(1942) 74 Ll.L.Rep. 59

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Lord Atkin, Lord Thankerton, Lord Wright and Lord Porter.

Alien enemy - Right to sue - 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 the Netherlands by Germans - Refusal by charterers to proceed with arbitration - Summons taken out by Dutch company asking for appointment of umpire - Order of C.A. upholding decision of Asquith, J., affirming Master Ball, who granted shipowners' application - Appeal by charterers - Meaning of "alien enemy" - Effect of enemy occupation of Holland - Whether shipowners (though allies) acquired an enemy character and were alien enemies at common law - Tests to be applied.