Van Der Giessen-De-Noord Shipbuiilding Division BV v Imtech Marine & Offshore BV [2008] EWHC 2904 (Comm) (26 November 2008)

Van Der Giessen-De-Noord Shipbuiilding Division BV v Imtech Marine & Offshore BV [2008] EWHC 2904 (Comm) (26 November 2008)

The tribunal committed serious irregularity under s.68(2)(d) by failing to address (i) the basis for the 10% interest award, (ii) GN's waiver/estoppel defence, and (iii) the agreed variation procedure, causing substantial injustice to GN. Other alleged failures did not amount to serious irregularity.

Citation
[2008] EWHC 2904 (Comm)
Parties
Claimant/respondent in Arbitration: Van der Giessen-de-Noord Shipbuilding Division B.V.; Defendant/claimant in Arbitration: Imtech Marine & Offshore B.V.
Jurisdiction
England and Wales
Judgment Date
26 November 2008
Procedural Posture
Arbitration Challenge Under Arbitration Act 1996, S.68 / High Court Judgment on Challenge to Arbitral Award
Outcome
Partial remission of award to tribunal for reconsideration under s.68(3)(a) Arbitration Act 1996
Legal Topics
Serious Irregularity, Failure to Address Issues, Interest Awards, Waiver and Estoppel, Scope of Work, Variation Procedures
Arbitration Commercial Law Construction Law Serious Irregularity Failure to Address Issues Interest Awards Waiver and Estoppel Scope of Work +1 more

Case Brief

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Parties

Van der Giessen-de-Noord Shipbuilding Division B.V.

Claimant/respondent in Arbitration

Imtech Marine & Offshore B.V.

Defendant/claimant in Arbitration

Procedural Posture

Arbitration Challenge Under Arbitration Act 1996, S.68 / High Court Judgment on Challenge to Arbitral Award

Legal Issues

  1. 1 Whether the arbitral tribunal failed to address critical issues and defences, causing substantial injustice under s.68(2)(d) Arbitration Act 1996
  2. 2 Whether the tribunal's award of interest at 10% was a serious irregularity
  3. 3 Whether the tribunal failed to address GN's waiver/estoppel defence

Ratio Decidendi

The tribunal committed serious irregularity under s.68(2)(d) by failing to address (i) the basis for the 10% interest award, (ii) GN's waiver/estoppel defence, and (iii) the agreed variation procedure, causing substantial injustice to GN. Other alleged failures did not amount to serious irregularity.

Court Disposition

Partial remission of award to tribunal for reconsideration under s.68(3)(a) Arbitration Act 1996

Orders

  • Award remitted to tribunal for reconsideration of (i) interest rate, (ii) waiver/estoppel defence, and (iii) variation procedure issues
  • No further relief granted on other grounds