Primetrade AG v Ythan Ltd [2005] EWHC 2399 (Comm) (01 November 2005)

Primetrade AG v Ythan Ltd [2005] EWHC 2399 (Comm) (01 November 2005)

Primetrade became the lawful holder of the bills of lading between 22 and 29 March 2004, rights of suit were transferred under COGSA 1992, and Primetrade made a claim under the contract of carriage by demanding a letter of undertaking from the P&I Club. Primetrade is bound by the arbitration clause and cannot raise new objections on appeal as the grounds were known or could have been discovered during arbitration.

Citation
[2005] EWHC 2399 (Comm)
Parties
Claimant/respondent in the Arbitration: Primetrade A.G.; Defendant/claimant in the Arbitration: Ythan Limited
Jurisdiction
England and Wales
Judgment Date
01 November 2005
Procedural Posture
Appeal Under Arbitration Act 1996, S.67 / Judgment on Appeal Against Arbitral Award (substantive Jurisdiction)
Outcome
Appeal dismissed; arbitral tribunal has substantive jurisdiction.
Legal Topics
Arbitration Jurisdiction, Bills of Lading, Carriage of Goods by Sea Act 1992, Lawful Holder, Making a Claim Under Contract of Carriage
Arbitration Shipping Law Contract Law Arbitration Jurisdiction Bills of Lading Carriage of Goods by Sea Act 1992 Lawful Holder Making a Claim Under Contract of Carriage

Case Brief

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Parties

Primetrade A.G.

Claimant/respondent in the Arbitration

Ythan Limited

Defendant/claimant in the Arbitration

Procedural Posture

Appeal Under Arbitration Act 1996, S.67 / Judgment on Appeal Against Arbitral Award (substantive Jurisdiction)

Legal Issues

  1. 1 Whether Primetrade became the lawful holder of the bills of lading under COGSA 1992
  2. 2 Whether Primetrade made a claim under the contract of carriage against the carrier within s.3(1)(b) COGSA 1992
  3. 3 Whether new objections to arbitral jurisdiction can be raised on appeal under s.67 Arbitration Act 1996

Ratio Decidendi

Primetrade became the lawful holder of the bills of lading between 22 and 29 March 2004, rights of suit were transferred under COGSA 1992, and Primetrade made a claim under the contract of carriage by demanding a letter of undertaking from the P&I Club. Primetrade is bound by the arbitration clause and cannot raise new objections on appeal as the grounds were known or could have been discovered during arbitration.

Court Disposition

Appeal dismissed; arbitral tribunal has substantive jurisdiction.

Orders

  • Arbitral award confirmed under s.67 Arbitration Act 1996
  • Primetrade bound by arbitration clause in bills of lading