JUDGMENT

(Prayer: Arbitration Original Petition (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Amended) to appoint a sole Arbitrator to adjudicate upon the dispute arisen between the petitioner and the respondents.)

1. The issue that arises for consideration is whether a Consignee under a Bill of Lading who has not taken delivery of the goods due to a dispute with the Shipper is bound by the Arbitration Clause contained in the Bill of Lading. The petitioner claiming to be the Carrier which has issued the Bill of Lading to the Shipper at Iran is claiming demurrage against the respondents, who is a Consignee under the Bill of Lading but has admittedly, not taken delivery of the Cargo due to a dispute with the Shipper in Iran. It is also an admitted fact that the original Bill of Lading was never delivered by the Shipper to the Consignee due to the dispute and transfer of title of the cargo in favour of the Consignee never took place.

2. Based on an Arbitration Clause contained in the terms and conditions of the Bill of Lading, this petition has been filed under Section of the Arbitration and Conciliation Act seeking for appointment of an A