Jebsens International (Australia) Pty Ltd v Interfert Australia Pty Ltd & Ors – Supreme Court of South Australia (Anderson J) – 25 August 2011

Arbitration – Award – Validity – Owners seeking to enforce London arbitration awards in Australia – Awards obtained pursuant to London arbitration clause in voyage charterparty – Whether awards invalid on basis that charterparty was a “sea carriage document” within meaning of Australian Carriage of Goods by Sea Act 1991

Jebsens, as owners, concluded a voyage charterparty with Interfert Australia, as charterers, on the Gencon form. The charterparty contained a London arbitration clause. In October 2008 the owners obtained two London arbitration awards against Interfert for a total of US$1,494,692.20 in respect of freight due under the charterparty.