Précis: The court had no discretion to not enforce an arbitration clause in a charter party/booking note.
Full SummaryDomtar Inc. v. Lineas De Navigation Gema S.A. et.al., 1997 CanLII 5004
This was a motion by the Defendant shipowner to set aside an arrest and strike the in rem portions of the claim. The Plaintiff’s action was for breach of a booking note contract. The Defendant shipowner argued that the vessel could not be arrested as it was not a party to the booking note contract. The shipowner argued the booking …
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