S.L. Sethia Liners Ltd. v. State Trading Corporation of India - Court of Appeal (Kerr and Ralph Gibson L.JJ. and Sir Denys Buckley) - 14 October 1985

Whether Court should determine arguable point of law on application for summary judgment

The plaintiff shipowners claimed U.S. $38,716 demurrage from the defendants under a charterparty which contained a London arbitration clause. The plaintiffs applied to the High Court for summary judgment under Order 14 of the Rules of the Supreme Court. The defendants cross-applied for a stay under section 1 of the Arbitration Act 1975. Staughton J. granted the plaintiffs’ application for summary judgment and refused the defendants’ application for a stay.