Alphapoint Shipping Ltd v Rotem Amfert Negev Ltd & Anor [2004] EWHC 2232 (Comm) (08 October 2004)

Alphapoint Shipping Ltd v Rotem Amfert Negev Ltd & Anor [2004] EWHC 2232 (Comm) (08 October 2004)

No serious irregularity was disclosed because the arbitrators' reasoning on estoppel and waiver was open to them on the facts found, and the issues of fact raised by the shipowners were not directly relevant. The arbitrators were entitled to reject the VANA set-off argument due to lack of evidence, and no substantial injustice arose. The application for remission under section 68 was dismissed and leave to appeal under section 69 was refused.

Citation
[2004] EWHC 2232 (Comm)
Parties
Claimant: Alphapoint Shipping Ltd; First Defendant: Rotem Amfert Negev Ltd; Second Defendant: Dead Sea Works Ltd
Jurisdiction
England and Wales
Judgment Date
08 October 2004
Procedural Posture
Application Under Arbitration Act 1996, Sections 68 and 69 / Judgment on Application for Remission of Arbitration Award and Leave to Appeal
Outcome
Application under section 68 dismissed; award not remitted; leave to appeal under section 69 refused.
Legal Topics
Serious Irregularity in Arbitration, Remission of Arbitral Award, Demurrage, Estoppel and Waiver in Charterparty, Laytime and Time on Demurrage, Crew Failure Under Charterparty, Quantification of Damages
Arbitration Shipping Law Commercial Law Serious Irregularity in Arbitration Remission of Arbitral Award Demurrage Estoppel and Waiver in Charterparty Laytime and Time on Demurrage +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Alphapoint Shipping Ltd

Claimant

Rotem Amfert Negev Ltd

First Defendant

Dead Sea Works Ltd

Second Defendant

Procedural Posture

Application Under Arbitration Act 1996, Sections 68 and 69 / Judgment on Application for Remission of Arbitration Award and Leave to Appeal

Legal Issues

  1. 1 Whether there was serious irregularity under section 68 of the Arbitration Act 1996 justifying remission of the arbitral award
  2. 2 Whether arbitrators failed to consider estoppel/waiver arguments regarding acceptance of notice of readiness
  3. 3 Whether arbitrators erred in quantifying damages and considering set-off for benefit from loading another vessel (VANA)

Ratio Decidendi

No serious irregularity was disclosed because the arbitrators' reasoning on estoppel and waiver was open to them on the facts found, and the issues of fact raised by the shipowners were not directly relevant. The arbitrators were entitled to reject the VANA set-off argument due to lack of evidence, and no substantial injustice arose. The application for remission under section 68 was dismissed and leave to appeal under section 69 was refused.

Court Disposition

Application under section 68 dismissed; award not remitted; leave to appeal under section 69 refused.