SUNDERMULL PORESHRAM Vs. TRIBHUBAN HIRACHAND AND CO

JUDGEMENT

(1.) This is a suit to set aside an award of the Bengal Chamber of Commerce made on the 19 January 1922.

(2.) The parties on the 14 April 1920, entered into a contract whereby the plaintiffs sold and the defendants bought white Java sugar.

(3.) The contract contains, among others, an arbitration clause in the following terms: Any disputes to be settled by arbitrations under the rules of the Bengal Chamber of Commerce, or, at the option of the sellers by the arbitration of two European sugar importers of Calcutta, one to be appointed by the sellers and one by the buyers, with powers to appoint a European merchant as Umpire. The decision of the Chamber, Arbitrators or Umpire shall be final and binding on both parties either of whom may make the same rule or order of Court. If the buyers shall fail to join in such arbitrations or to appoint an arbitrator within three days after being required to do so, the arbitration may, at the option of sellers, proceed ex parte and the award thereon shall be binding on the buyers, and the sellers may make the same a rule or order of Court.