Intercontinental Export Co. (Pty.) Ltd. v. M/V Dien Danielsen - Full Bench of Natal Provincial Division (Van Heerden, Didcott and Friedman JJ.) - 1983 (4) S.A. 275 (N)

Voyage charterparty - Whether charterers becoming owners of cargo under bill of lading bound by arbitration clause in charterparty

The plaintiffs chartered the vessel Dien Danielsen from the defendant owners under a Gencon form which contained a London arbitration clause. The present proceedings were brought by the plaintiffs not as charterers, but as holders of a bill of lading which had been issued by the master to a Peruvian shipper who had indorsed the bill over to the plaintiffs. The plaintiffs claimed in respect of damage to the cargo. The defendants sought a stay of the South African action in rem pending arbitration proceedings in London. A stay was granted at first instance by Howard J. following President of India v. Metcalf Shipping Co. Ltd. [1969] 2 Lloyd’s Rep. 476 - see LMLN 75 - 16 September 1982. On the plaintiff’s appeal to the Full Bench: