Transgrain Shipping BV v Deiulemar Shipping SpA & Anor [2014] EWHC 4202 (Comm) (15 December 2014)

Transgrain Shipping BV v Deiulemar Shipping SpA & Anor [2014] EWHC 4202 (Comm) (15 December 2014)

The BIMCO Arbitration Clauses are the applicable arbitration regime, requiring three arbitrators, as the parties' objective intention was to incorporate the industry standard BIMCO clauses. Deiulemar's appointment of Mr. Farrington was valid in substance as a party-appointed arbitrator. Estoppel cannot found the tribunal's jurisdiction, which springs from the parties' agreement.

Citation
[2014] EWHC 4202 (Comm)
Parties
Claimant: Transgrain Shipping BV; First Defendant: Deiulemar Shipping SpA (in liquidation); Second Defendant: Eleni Shipping Ltd
Jurisdiction
England and Wales
Judgment Date
15 December 2014
Procedural Posture
Section 67 Arbitration Act 1996 Application / Judgment on Application to Set Aside Arbitral Award
Outcome
Application dismissed
Legal Topics
Arbitration Clause Interpretation, Jurisdiction of Arbitral Tribunal, Estoppel by Convention, Assignment of Claims, Time Bar Provisions
Arbitration Shipping Law Contract Law Arbitration Clause Interpretation Jurisdiction of Arbitral Tribunal Estoppel by Convention Assignment of Claims Time Bar Provisions

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Parties

Transgrain Shipping BV

Claimant

Deiulemar Shipping SpA (in liquidation)

First Defendant

Eleni Shipping Ltd

Second Defendant

Procedural Posture

Section 67 Arbitration Act 1996 Application / Judgment on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Which arbitration clause governs the dispute: clause 75 or BIMCO Arbitration Clauses?
  2. 2 Who were validly appointed as arbitrators under the applicable clause?
  3. 3 Does estoppel by convention affect the jurisdiction of the tribunal?

Ratio Decidendi

The BIMCO Arbitration Clauses are the applicable arbitration regime, requiring three arbitrators, as the parties' objective intention was to incorporate the industry standard BIMCO clauses. Deiulemar's appointment of Mr. Farrington was valid in substance as a party-appointed arbitrator. Estoppel cannot found the tribunal's jurisdiction, which springs from the parties' agreement.

Court Disposition

Application dismissed

Orders

  • Application to set aside arbitral award refused