Fehn Schiffahrts GmbH & Co KG v Romani SPA [2018] EWHC 1870 (Comm) (27 June 2018)

Fehn Schiffahrts GmbH & Co KG v Romani SPA [2018] EWHC 1870 (Comm) (27 June 2018)

Remission to the Tribunal is limited to reconsideration of 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 entitled to their costs; permission to appeal...

Source-derived case information.

Citation
[2018] EWHC 1870 (Comm)
Parties
Appellant/owners: Fehn Schiffahrts GmbH & Co KG; Respondent/charterers: Romani SPA
Jurisdiction
England and Wales
Judgment Date
27 June 2018
Procedural Posture
Appeal Under Arbitration Act 1996 / Judgment on Scope of Remission, Costs, and Permission to Appeal
Outcome
Award remitted to Tribunal for reconsideration of title to sue based on assignment; owners awarded costs; permission to appeal refused.
Legal Topics
Remission to Tribunal, Title to Sue, Costs Assessment, Permission to Appeal
Arbitration Commercial Law Remission to Tribunal Title to Sue Costs Assessment Permission to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fehn Schiffahrts GmbH & Co KG

Appellant/owners

Romani SPA

Respondent/charterers

Procedural Posture

Appeal Under Arbitration Act 1996 / Judgment on Scope of Remission, Costs, and Permission to Appeal

Legal Issues

  1. 1 Scope of remission to Tribunal
  2. 2 Whether respondent had title to sue based on assignment or charterparty
  3. 3 Costs liability post-remission

Ratio Decidendi

Remission to the Tribunal is limited to reconsideration of 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 entitled to their costs; permission to appeal is refused as no matter of general public importance or special reason exists.

Court Disposition

Award remitted to Tribunal for reconsideration of title to sue based on assignment; owners awarded costs; permission to appeal refused.

Orders

  • Remit award to Tribunal to reconsider finding on title to sue based on assignment.
  • Owners entitled to costs of £32,000.