Hirji Mulji and others
Privy Council Appeal No. 4 of 1925.
344
Appellants
V.
The Cheong Yue Steamship Company, Limited
-
Respondents
FROM
THE SUPREME COURT OF HONG KONG.
JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE
PRIVY COUNCIL, DELIVERED THE 25TH FEBRUARY, 1926.
Present at the Hearing:
LORD DUNEDIN,
LORD SUMNER.
LORD WRENBURY.
[Delivered by LORD SUMNER.]
[12]
FF
In this case the respondents, owners of the 3.5. Singa- porean," sued in the Supreme Court of Hong Kong on an award made there in their favour by a single arbitrator. Notice had been given to the charterers, the present appellants, that the respondents claimed arbitration upon a dispute alleged to arise under a time charter made between them on the 17th November, 1916, and had named their arbitrator. This notice they dis- regarded, and, no second nomination having been made, the respondents proceeded before their own arbitrator, who made this It was award on the information which they laid before him. not contended before their Lordships that this procedure was not regular and in accordance with the local ordinances dealing with the subject.
CC
H
The charter-party provided that the Singaporean
on the should be placed at the appellants' disposal 1st March, 1917, at Singapore, and should be employed by them for ten months in sundry specified trades. It contained the usual terms, including a cancelling clause, an arbitration clause, and a clause providing that the charter should be construed and governed by "British " law.
(B 40-4386–3)T
A
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