BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd and Anr (The “Global Hawk”) – Federal Court of Australia (Finkelstein J) – 23 April 2008

Practice – Stay of proceedings in favour of arbitration – Shipowners entering into charterparty containing contractual time-bar and London arbitration clause – Shipowners bringing proceedings for misrepresentation against brokers who had purported to act for charterers – Brokers relying on contractual time-bar and applying for stay in favour of London arbitration – Whether brokers entitled to stay under International Arbitration Act 1974 or under inherent jurisdiction – Whether brokers entitled to rely on Contracts (Rights of Third Parties) Act 1999 – Whether brokers waived right to ask for stay

(2008) 743 LMLN 2(2)