ST Shipping And Transport Pte Ltd v Space Shipping Ltd

ST Shipping And Transport Pte Ltd v Space Shipping Ltd

The arbitrator applied the correct legal test for causation, referencing the effective cause standard and considering whether subsequent events broke the chain of causation. His findings were factual and not open to appeal as errors of law. The deduction of a provisional sum for potentially saved drydocking expenses in an interim award was a permissible case management decision, consistent with arbitral principles and the parties' agreement, and not subject to appeal under s.69 or clause 41 of the charterparty.

Parties
Claimant in CL 2017 000388 / Respondent in Arbitration; Defendant in CL 2017 000390 / Claimant in Arbitration: ST Shipping and Transport PTE LTD; Defendant in CL 2017 000388 / Claimant in Arbitration; Claimant in CL 2017 000390 / Respondent in Arbitration: Space Shipping Ltd
Jurisdiction
England and Wales
Judgment Date
10 November 2017
Procedural Posture
Arbitration Appeal / Judgment on Appeals Under S.69 Arbitration Act 1996 From Fourth Partial Final Award
Outcome
Both appeals dismissed; permission to appeal refused.
Legal Topics
Causation in Damages, Assessment of Damages, Interim Awards, Chain of Causation, Deduction for Saved Expenses
Arbitration Shipping Commercial Law Causation in Damages Assessment of Damages Interim Awards Chain of Causation Deduction for Saved Expenses

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Parties

ST Shipping and Transport PTE LTD

Claimant in CL 2017 000388 / Respondent in Arbitration; Defendant in CL 2017 000390 / Claimant in Arbitration

Space Shipping Ltd

Defendant in CL 2017 000388 / Claimant in Arbitration; Claimant in CL 2017 000390 / Respondent in Arbitration

Procedural Posture

Arbitration Appeal / Judgment on Appeals Under S.69 Arbitration Act 1996 From Fourth Partial Final Award

Legal Issues

  1. 1 Whether the arbitrator applied the correct legal test for causation in relation to losses after July 2015
  2. 2 Whether the arbitrator was entitled to deduct a provisional sum for potentially saved drydocking expenses in an interim award

Ratio Decidendi

The arbitrator applied the correct legal test for causation, referencing the effective cause standard and considering whether subsequent events broke the chain of causation. His findings were factual and not open to appeal as errors of law. The deduction of a provisional sum for potentially saved drydocking expenses in an interim award was a permissible case management decision, consistent with arbitral principles and the parties' agreement, and not subject to appeal under s.69 or clause 41 of the charterparty.

Court Disposition

Both appeals dismissed; permission to appeal refused.

Orders

  • Charterers' appeal on causation dismissed; permission to appeal refused.
  • Disponent owners' appeal on deduction for drydocking expenses dismissed; permission to appeal refused.