BREMER OELTRANSPORT, G.m.b.H. v. DREWRY.

(1933) 45 Ll.L.Rep. 133

COURT OF APPEAL.

Before Lord Justice Slesser and Lord Justice Romer.

Arbitration-Practice-Action to enforce award-Defendant resident abroad- Service of notice of writ out of the jurisdiction - Application by defendant to set aside-Dispute under charter-party entered into in London between plaintiffs and defendant- Clause providing for arbitration in Hamburg-Award-Plaintiffs' contentions (1) that the action was founded on the agreement to submit differences under the charter-party of which the award was the result and was therefore an action brought to enforce a contract made within the jurisdiction; (2) that the non-payment in England of the sum awarded amounted to a breach committed within the jurisdiction- Defendant's reply (1) that the action was brought on the award itself, which was made in Hamburg, and that consequently the action was not one to enforce a contract made within the jurisdiction; (2) that there was no provision for payment in England- Nature of action based on award- R.S.C., Order 11, r. 1 (e)