L OPPENHEIM & CO Vs. MAHOMED HANEEF

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Judicature at Madras, in the exercise of its appellate jurisdiction, allowing an appeal from a decree made by Mr. Justice Coutts Trotter in the exercise of the ordinary original civil jurisdiction of the same Court.

(2.) The appellants are merchants carrying on business in London, and the original respondent (who has died during the pendency of this appeal and is represented by the present respondents) was a merchant carrying on business in Madras.

(3.) By a contract in writing made in London and dated October 23, 1913, the appellants bought from the respondent 20,000 tanned Madras sheepskins of a specified quality to be shipped to the appellants in London. The contract contained the following clause :- Any differences arising out of this contract, failing amicable adjustment, to be submitted to arbitration in London in the usual manner, and the award of such arbitration to be final and binding on both buyer and seller.