1. The plaintiff in these proceedings is seeking a declaration that it has not entered into any agreement with the defendants for the carriage of cargo between the port of Cork and the ports of Antwerp, Belgium and Stettin in Poland. In the alternative, the plaintiff seeks a declaration that if the plaintiff was a party to such contract, it was entitled to rescind such a contract, and that it did so lawfully. The plaintiff also seeks damages for breach of contract.

 

2. By notice of motion dated 18th July, 2013 the second named defendant (“Vertom”) sought an order staying these proceedings (pursuant to Article 8 of the Model Law as incorporated by the Arbitration Act 2010 and O.56, r.3 of the Rules of the Superior Courts and/or pursuant to the inherent jurisdiction of the High Court) and also an order referring the proceedings to arbitration.