Law: Carriage of Goods By Sea Act, 1925

Section: 3

Law: Arbitration Act, 1940

Section: 34

Law: Contract Act, 1872

Section: 28,73

(a) Carriage of Goods by Sea Act (XXXI of 1925) S.3 Bill of Lading is a contract between Shipper and Carrier, which is binding on both the parties. (b) Carriage of Goods by Sea Act (XXXI of 1925)--S.3 Contract Act (IX of 1872), Ss.28 & 73 Arbitration Act (X of 1940). S.34 Civil Procedure Code (V of 1908), O. VII, R. 10 Suit for damages by cargo owner for breach of contract in respect of Bill of Lading Objection of ship owner as to institution of suit at Karachi contending that same should have been filed before Tribunal in Paris according to jurisdiction clause in the Bill of Lading Refusal of Court to return the plaint Validity Court should preserve the sanctity of contract between the parties and treat the jurisdiction clause in the same manner as an arbitration clause, stay the action pending before it and allow the parties to resort to the forum of adjudication to which they had agreed Court by staying the action before it would still retain to itself the jurisdiction to resume the case if the adjudication agreed to between the parties for any reason failed or the parties found it impossible to comply with the form of adjudication in the forum to which they had agreed Jurisdiction clause of Bill of Lading in the present case could not oust the jurisdiction of Pakistan Court ¬Refusal of Court below to return the plaint was not justified. (c) Contract Act (IX of 1872) S.28 Arbitration Act (X of 1940), S.34 Foreign jurisdiction clause in a contract Burden to satisfy Court as to justification for staying its proceedings lies on person, seeking stay of proceedings and reference of dispute to foreign forum. (d) Carriage of Goods by Sea Act (XXXI of 1925) S.3 Contract Act (IX of 1872), Ss. 28 & 73 Civil Procedure Code (V of 1908), Ss. 20, 151 & OXII, R.10 ¬Arbitration Act (X of 1940), S.34 Suit for damages by cargo owner for breach of contract in respect of Bill of Lading Stay of proceedings Ship owner and his agent objected to institution of suit at Karachi contending that same should have been filed before Tribunal de Commerce in Paris according to jurisdiction clause in Bill of Lading ¬Refusal of Court to stay suit Validity Ship owner or his agent…

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