Viscount Finlay :-

This is an appeal against the refusal of the High Court in Bengal to set aside an award. Two questions arise.

(1) Whether, on the terms of the agreements between the parties, the arbitration was properly held in Calcutta instead of being held in London as on a dispute under a contract for the sale of jute.

(2) Whether the arbitrator was properly appointed as sole arbitrator under the Indian Arbitration Act.

The appellants are merchants and commission agents carrying on business in London, and the respondents are dealers in jute carrying on business in Calcutta. A document dated the 2nd June, 1914, was drawn up defining the "terms and conditions of business" between the respondents and the appellants. The respondents are described therein as the "shippers" and the appellants as the "importers", and the document deals with purchases of jute to be made by the appellants from the respondents and. with agency business to be conducted by the appellants for the respondents. The fifth clause provides that all contracts for the sale of purchase of jute were to be made upon and subject to the terms and conditions as set forth in the usual London Jute Association Contract No.