THE "VESTRIS."

(1932) 43 Ll L Rep 86

ADMIRALTY DIVISION.

Before Lord Merrivale (President).

Practice-Stay of action-Loss of vessel- Claim by cargo-owners against shipowners - Similar action pending in America-Application by shipowners to stay action here-Provision in bills of lading that claims for loss or damage should be dealt with in New York according to American law to the exclusion of proceedings in any other country - Whether amounting to a submission under Sect. 4 of the Arbitration Act, 1889-Discretion of Judge- Held, that even if the bills of lading showed an express intention of the shipowners that any litigation should be brought in America, the exceptional circumstances, such as, for example, the defendants' residence and control here, and the fact that the present claim had been discussed by the parties here for upwards of two years, did not warrant his Lordship in staying the action - Leave to appeal refused.