LAWS(CAL)-2015-7-24

CLIFF NAVIGATION S A Vs. LMJ INTERNATIONAL LIMITED

Decided On July 23, 2015
Cliff Navigation S A Appellant
V/S
Lmj International Limited Respondents

JUDGEMENT

(1.) The applicant is the judgment debtor. The judgment debtor has filed this application challenging the enforceability and executability of a foreign award in this jurisdiction.

(2.) The application is in the nature of an objection under Section 48 of the Arbitration and Conciliation Act, 1996. Cliff Navigation S. A. is the award holder.

(3.) The claimant/decree -holder raised dispute with regard to the payment of final demurrage and shifting under an invoice dated 27th December 2010 for USD 330,996.50 plus interest plus cost. A notice of arbitration was issued by the solicitor of the award holder on 8th March 2011 whereby the award holder initiated an Arbitration Proceeding at Singapore against the respondent by appointing Mr. Toh Kian Sing S.C. as owner's Arbitrator. It is stated in the said notice that pursuant to the terms and conditions of the charter party and in particular the charter party's law and jurisdiction clause which provides for "Arbitration in Singapore and English law to apply", the award holder would refer the dispute to Singapore Arbitration proceedings against the respondent.