Astro Venturoso Compania Naviera v. Hellenic Shipyards S.A. (The Mariannina) - Court of Appeal (Stephenson, Cumming-Bruce and Ackner L.JJ.) - 29 September 1982

Bill of lading jurisdiction clause - Proper law - Whether arbitration proceedings should be stayed

Hellenic were the holders of bills of lading relating to cargo shipped on the vessel Mariannina , which was owned by Astro. Hellenic had paid the freight to the charterers, but the charterers had gone bankrupt and Astro wished to take proceedings against Hellenic. At first instance, Astro applied to Bingham J. for an arbitrator to be appointed under section 10 of the Arbitration Act 1950 because of the arbitration clause in the bills of lading. At the same time, Hellenic applied for the proceedings to be stayed on the ground that proceedings had already been commenced in Greece. The Greek proceedings were substantially in response to the notice of claim for an arbitrator to be appointed, which notice had been given about a month before the start of the proceedings.