At first instance, the Assistant Registrar granted a stay of court proceedings in favour of arbitration in London on two conditions namely:
* # The security obtained by the Plaintiffs from the arrest of the Vessel be retained as security for the arbitration proceedings in London.* # The Defendants waive the defence of time bar in the arbitration proceedings in London that the Plaintiffs would have been subject to pursuant to Art III r 6 of the Hague-Visby Rules.
The Defendant shipowners appealed to the Judge-in-Chambers.