The Weekly Law Reports
[1975] 1 WLR 83
[QUEEN'S BENCH DIVISION]
THE ESCHERSHEIM ERKOWIT (OWNERS) AND OTHERS v. SALUS (OWNERS) AND OTHERS
1974 Feb. 28;
March 1, 4;
April 24, 25, 26
June 10
March 1, 4;
April 24, 25, 26
June 10
Brandon J.
Admiralty
— Jurisdiction
— Action in rem
— Claims arising out of salvage operation for loss of ship, cargo and crew's personal effects
— Whether crew's belongings “baggage”
— Claim that cargo washed overboard causing pollution
— Court's jurisdiction to hear and determine claims brought against salvors by crew and ship and cargo owners
—
Administration of Justice Act 1956 (4 & 5 Eliz. 2, c. 46), ss. 1 (1) (d) (e) (g) (h) (j), 8 (1)
Arbitration
— Arbitration clause in contract
— Ambit
— Salvage agreement
— Allegations of negligence on part of salvors
— Whether to be referred to arbitration under contract
— Discretion of court to stay actions
—
Arbitration Act 1950 (14 & 15 Geo. 6, c. 27), s. 4 (1)
Ships' Names
— Dortmund
— Erkowit
— Eschersheim
— Jade
— Salus (formerly Rotesand)