Syed Ahmad Idid J:

[1] The plaintiffs, through their ex parte summons-inchambers of 17 July 1992, applied for an order that the defendants be restrained from further participating in the arbitration proceedings then being conducted in London and a further order that the "forum conveniens most suitable in the circumstances of this case be the Regional Centre for Arbitration (UN), Kuala Lumpur". Plaintiffs also asked that "the Court do appoint the said centre or another body acceptable to the Court to be the Nominating Body for an Arbitration." Additionally, the plaintiffs also sought for an order that the proceedings in progress at that time was "illegal, unlawful, null and void, alternatively that in the event the same is held to be validly in progress, the same be stayed pending the full and final disposal of this action."

[2] Mr Alexander Decena put forth the submission for the plaintiffs at the ex parte hearing in chambers and obtained an order on 28 July 1992 that the arbitration proceedings conducted by Graham Clark (of an address in London) be stayed until further order.

[3] The plaintiffs' claims were for a declaration that the Charter Party or Contract of Affreightment