N. G. Piak Lam v. Tex Colon Shipping Co. (The Harriot) - Q.B.D. (Com.Ct.) (Lloyd J.) - 24 February 1984

Arbitrators nominated as precautionary measure - Whether appointments valid

Plaintiff cargo interests wished to proceed against shipowners under a bill of lading for short delivery of cargo. The bill of lading incorporated the terms of one or other of two charterparties. Both charters contained an arbitration clause but the plaintiffs were in doubt as to whether the charterparty arbitration clauses were incorporated in the bill of lading. The plaintiffs issued a writ in the High Court but did not serve it. They also commenced proceedings in Singapore. At about the same time they appointed an arbitrator. This was a precautionary measure in case it should be held that the arbitration clause from one or other of the two charters was incorporated in the bill of lading.