Ocean Wind Maritime SA v Gujarat Cheminex Ltd – sllr 2012 volume 1 page 035

In the case between Ocean Wind Maritime SA and Gujarat Cheminex Ltd, the court addressed the issue of whether the incorporation of an arbitration clause in the Charter Party, and subsequently in the Bill of Lading, precludes the jurisdiction of the High Court (Admiralty) to adjudicate the dispute. It was held that the arbitration clause remained operative and resulted in the High Court (Admiralty) lacking jurisdiction to entertain the plaintiff’s claim. The principle reaffirmed is that a valid and operative arbitration clause excludes court jurisdiction when properly incorporated into the contractual documents. The decision relied on relevant sections of the Arbitration Act No. 11 of 1995 and established authorities regarding time limitations and the scope of arbitration clauses, emphasizi