Ellerine Brothers (Pty.) Ltd. v. Klinger [1982] 1 W.L.R. 1375

Arbitrating “undisputed” claims

In London Arbitration 11/86, summarised in LMLN 178, respondent shipowners successfully argued that where they had previously admitted that a sum of $40,041 was due to charterers for despatch, the charterers could not commence arbitration proceedings to recover the interest payable on the four month delay in payment. It was held that because at the time the arbitration was commenced the principal sum due had been admitted, there was no dispute in relation to it and therefore nothing could be referred to arbitration.