High Court Wellington
20, 21 March 1995
Doogue J
20, 21 March 1995
Doogue J
Admiralty — Sister ship jurisdiction — Ship arrested in New Zealand as sister ship of ship alleged to be in control or possession of defendants to arbitration in London — Party claiming to be owner of ship applying in New Zealand to set aside writ of arrest — Onus of proof — Whether jurisdiction to arrest ship — Admiralty Act 1973, ss 4(1)(h), 5(2).
Arbitration — International arbitration agreements — Arbitration in London against shipowners for breach of charter-party — Shipowners not providing security — Sister ship arrested in New Zealand — Whether shipowner entitled to stay of proceedings — Whether Court able to direct security to be paid as condition of stay — Arbitration (Foreign Agreements and Awards) Act 1982, s 4.
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