Fehn Schiffahrts GmbH & Co KG v Romani SPA

Fehn Schiffahrts GmbH & Co KG v Romani SPA

The award is remitted to the Tribunal solely to reconsider its finding that the respondent had title to sue based on the assignment; the issue of title to sue under the charterparty has already been determined and cannot be reopened. Owners are the successful party and are entitled to their costs. Permission to appeal is refused as there is no matter of general public importance or special reason.

Parties
Appellant/owners: Fehn Schiffahrts GmbH & Co KG; Respondent/charterers: Romani SpA
Jurisdiction
England and Wales
Judgment Date
27 June 2018
Procedural Posture
Commercial Arbitration Appeal / Judgment on Scope of Remission and Costs Assessment
Outcome
Award remitted to Tribunal on limited basis; costs awarded to owners; permission to appeal refused.
Legal Topics
Remission of Arbitral Award, Title to Sue, Costs Assessment, Permission to Appeal
Arbitration Commercial Law Remission of Arbitral Award Title to Sue Costs Assessment Permission to Appeal

Case Brief

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Parties

Fehn Schiffahrts GmbH & Co KG

Appellant/owners

Romani SpA

Respondent/charterers

Procedural Posture

Commercial Arbitration Appeal / Judgment on Scope of Remission and Costs Assessment

Legal Issues

  1. 1 Scope of remission to the Tribunal following appeal
  2. 2 Whether Tribunal may reconsider title to sue under charterparty as well as assignment
  3. 3 Entitlement to costs of the appeal

Ratio Decidendi

The award is remitted to the Tribunal solely to reconsider its finding that the respondent had title to sue based on the assignment; the issue of title to sue under the charterparty has already been determined and cannot be reopened. Owners are the successful party and are entitled to their costs. Permission to appeal is refused as there is no matter of general public importance or special reason.

Court Disposition

Award remitted to Tribunal on limited basis; costs awarded to owners; permission to appeal refused.

Orders

  • Award remitted to Tribunal to reconsider finding that respondent had title to sue based on the assignment.
  • Owners awarded costs of the appeal, summarily assessed at £32,000.