In this matter the Court refused a motion for a stay of Third Party proceedings on the grounds that, first, the Court could not determine on the evidence before it whether a contract with a jurisdiction clause existed and, second, it was likely that if the stay was granted two separate actions would proceed.
Full SummaryConagra International S.A. v. Seamotion Navigation Ltd., 1995 CanLII 1789 (BC SC)
In this matter the Defendant shipowner attempted to enforce an arbitration agreement contained in a charter party. The case concerned a shipment of wheat from Canada originally intended for Iraq. The case was unusual in that, because of the embargo on shipments to Iraq, the shipment was resold at sea and redirected to Malta. New bills of lading were issued …
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