OCEAN WIND MARITIME SA
v
GUJARAT CHEMINEX LTD 

COURT OF APPEAL
WIMALACHANDRA. J
CA 102/2005 LG
HCADMIRALTY COLOMBO
ACTION IN REM 21/2004
DECEMBER 5 , 2005  

Arbitration Act·, No. 11 of 1995 - Sections 5, Sections 39 - Bill of lading - Does it incorporate an arbitration clause - Does High Court (Admiralty) have jurisdiction - Without referring to arbitration ? - Cause of action - Non disclosure of cargo - Arbitration clause inoperative - Delay ?. 

The plaintiff com pany entered into a voyage Charter Party in India by which the owners of the vessel hired the vessel to the plaintiff. In terms of the "charter
 

Party" the vessel was to carry a cargo of 1500 Mt. of salt for Port of K to the Port of C. 14 bills of Jading were issued and a freight invoice was also issued. The plaintiff contended that, the receiver of the Cargo at Port C received only 9500 Mt of Cargo and the owners of the vessels/agents have sold the remaining Cargo to third parties and instituted action in the High Court (Admiralty). The 2nd defendant - respondent objected to the jurisdiction of the High Court hearing this matter on the ground that the Charter Party enter