Arbitration
Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA [2026] EWCA Civ 1158
The Court of Appeal, Civil Division, dismissed the holders’ appeal and allowed the owners’ appeal against the decision of Mr Justice Robin Knowles, which had determined two questions of law arising from s 69, Arbitration Act 1996. The appeals arose from a London arbitration award concerning the interpretation of provisions in the Hague Visby Rules. Pedregal Maritime SA were owners and carriers of the vessel Taikoo Brilliance. Batavia Eximp & Contracting (S) Pte Ltd were holders of four bills of lading for a cargo of timber carried from New Zealand to Kandla, India. The cargo was discharged in September 2019 without production of the bills. The holders commenced Singaporean proceedings in August 2020 to arrest a sister ship, which were stayed in favour of arbitration in December 2020. Arbitration proceedings commenced in December 2020, more than one year after delivery. The key issues were: first, whether an action for security constitutes ‘suit’ within Art
