“Although charter party sounds like an afternoon of fun in a rented boat, it is actually a very dry document filled with an ocean of fine print.”

-James E. Clapp Random House Webster’s Dictionary of the Law(2000), 79.

1. This petition under Sections 44 and 46 of the Arbitration & Conciliation Act, 1996 (‘Act’) involves an exercise of trying to find an arbitration agreement in the “ocean” of fine print in the Charter Party in question. This petition by Marina World Shipping Corporation Limited (‘Marina’) seeks to enforce a foreign Award dated 26th September 2000 whereby the Respondent Jindal Exports Private Limited (‘Jindal’) was directed to pay Marina US Dollar (‘USD’) 47,506.42 as demurrage earned by Marina under the terms of the Charter Party (‘C/P’) dated 5th November 1994 together with interest at 7% per annum or pro rata thereof from 31st April 1995 until payment. Jindal was also directed to pay the costs of arbitration of GBP 2,250 together with interest at 8.5% per annum from the date of the Award till date of payment.

2. Marina states that by a telex dated 5th November 1994 Nederkoorn Shipbroking Pte. Limited (‘Nederkoorn’), acting as the broker of Jindal, confirmed