The Weekly Law Reports
[1976] 1 WLR 339
[COURT OF APPEAL]
THE ESCHERSHEIM
THE JADE
ERKOWIT (OWNERS) v. SALUS (OWNERS) (FORMERLY ROTESAND) AND OTHERS
ERKOWIT (OWNERS OF CARGO LATELY LADEN ON BOARD)
v.
ESCHERSHEIM (OWNERS)
1975 June 9,
10,
11,
12,
13;
July 22
July 22
Cairns and Scarman L.JJ. and Sir Gordon Willmer
Admiralty
— Jurisdiction
— Action in rem
— Claims arising out of salvage operation for loss of ship and cargo
— Claim that cargo washed overboard causing pollution
— Court's jurisdiction to hear and determine claims brought against salvors by ship and cargo owners
—
Administration of Justice Act 1956 (4 & 5 Eliz. 2, c. 46), ss. 1 (1) (d) (e) (g) (h) (i), 3 (1) (4)
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)