Transgrain Shipping BV v Deiulemar Shipping SpA & Anor

Transgrain Shipping BV v Deiulemar Shipping SpA & Anor

The BIMCO Arbitration Clauses govern the arbitration, requiring a tribunal of three arbitrators. The tribunal consisting of Mr. Clark, Mr. Farrington, and Mr. Buchan had jurisdiction to make the award. Estoppel by convention cannot alter the jurisdictional basis of the tribunal, as jurisdiction is founded on the parties' agreement, not conduct or assumption.

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
Application Under Arbitration Act 1996, Section 67 / Judgment on Application to Set Aside Arbitral Award
Outcome
Application dismissed
Legal Topics
Arbitration Clause Interpretation, Jurisdiction of Arbitral Tribunal, Assignment of Claims, Estoppel by Convention
Arbitration Commercial Law Shipping Law Arbitration Clause Interpretation Jurisdiction of Arbitral Tribunal Assignment of Claims Estoppel by Convention

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Parties

Transgrain Shipping BV

Claimant

Deiulemar Shipping SpA (in liquidation)

First Defendant

Eleni Shipping Ltd

Second Defendant

Procedural Posture

Application Under Arbitration Act 1996, Section 67 / 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 Was the assignment of claims from Deiulemar to Eleni effective?

Ratio Decidendi

The BIMCO Arbitration Clauses govern the arbitration, requiring a tribunal of three arbitrators. The tribunal consisting of Mr. Clark, Mr. Farrington, and Mr. Buchan had jurisdiction to make the award. Estoppel by convention cannot alter the jurisdictional basis of the tribunal, as jurisdiction is founded on the parties' agreement, not conduct or assumption.

Court Disposition

Application dismissed

Orders

  • Application to set aside arbitral award dismissed