CLOUTindex.
index.
Case 14: MAL 8
Canada: Federal Court of Canada, Appeal Division (Marceau, Hugessen and Desjardins, JJ.A.)
2 June 1989
Iberfreight S.A. et al. v. Ocean Star Container Line AG and J.W. Lunstedt KG
Published in English: 104 National Reporter, 164
Both applications were dismissed by the motions judge, but were upheld in part by the Federal Court of Appeal. Article 8 of the Model Law, which is enacted by the Commercial Arbitration Act, Revised Statutes of Canada 1985, c.C-34.6, does not require the dismissal of a motion for service ex juris nor require the court to decline jurisdiction whenever the contract documents contain an arbitration agreement. Therefore, the application by the defendants concerning service ex juris was dismissed.
The court stayed the action against Ocean Star and dismissed the appeal of Lunstedt
concerning the arbitration clause. With regard to Ocean Star, the Court stayed the action
and referred the matter to arbitration in accordance with the terms of the bill of lading.
The application by Lunstedt was dismissed due to a lack of evidence.
Additional Information published in later CLOUT issue (on "4 November 1993"):
Commented on by Tetley in [1993] Lloyd's Maritime and Commercial Law Quarterly, 238.
Additional Information published in later CLOUT issue (on "9 February 2000"):
Abstract published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 1, 115
Text of the court decision published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 1, 118
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
CASE LAW ON UNCITRAL TEXTS (CLOUT)
Abstracts of cases
This compilation of abstracts forms part of the system for collecting and disseminating information on court decisions and arbitral awards relating to Conventions and Model Laws that have emanated from the work of the United Nations Commission on International Trade Law (UNCITRAL). Information about the features of that system and about its use is provided in the User Guide (A/CN.9/SER.C/GUIDE/1).
The abstracts have been prepared by national correspondents designated by their Governments. It should be noted that neither the national correspondents nor anyone else directly or indirectly involved in the operation of the system assumes any responsibility for any error or omission or other deficiency.
__________
Copyright United Nations 1993
All rights reserved.
Reproduced on this web site (www.interarb.com) with the kind permission of the United Nations, New York.
Database, typography, layout, etc. © interarb, 1999.