Front Carriers Ltd.v Atlantic and Orient Shipping Corp.

Front Carriers Ltd.v Atlantic and Orient Shipping Corp.

A binding charterparty was concluded on 7 March 2005 between FCL and A&O Nevis, with the characteristics of the contracting party (disponent owner and Golden Ocean group member) determinative; the reference to 'Front Carriers Inc' was a misnomer and did not affect the identity of FCL as contracting party. The arbitral tribunal has substantive jurisdiction over FCL's claims against A&O Nevis.

Parties
Claimant: Front Carriers Limited; Defendant/respondent: Atlantic and Orient Shipping Corporation
Jurisdiction
England and Wales
Judgment Date
08 March 2007
Procedural Posture
Commercial Arbitration Related Application / Judgment on Substantive Jurisdiction of Arbitral Tribunal
Outcome
Application granted; arbitral tribunal has substantive jurisdiction over claims by FCL against A&O Nevis.
Legal Topics
Substantive Jurisdiction of Arbitral Tribunal, Formation of Contract, Misnomer in Contract Parties, Rectification, Estoppel by Convention
Arbitration Commercial Law Contract Law Substantive Jurisdiction of Arbitral Tribunal Formation of Contract Misnomer in Contract Parties Rectification Estoppel by Convention

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Parties

Front Carriers Limited

Claimant

Atlantic and Orient Shipping Corporation

Defendant/respondent

Procedural Posture

Commercial Arbitration Related Application / Judgment on Substantive Jurisdiction of Arbitral Tribunal

Legal Issues

  1. 1 Whether a binding charterparty was concluded between FCL and A&O Nevis
  2. 2 Whether the arbitral tribunal has substantive jurisdiction over claims by FCL against A&O Nevis
  3. 3 Effect of misnomer in contract party name

Ratio Decidendi

A binding charterparty was concluded on 7 March 2005 between FCL and A&O Nevis, with the characteristics of the contracting party (disponent owner and Golden Ocean group member) determinative; the reference to 'Front Carriers Inc' was a misnomer and did not affect the identity of FCL as contracting party. The arbitral tribunal has substantive jurisdiction over FCL's claims against A&O Nevis.

Court Disposition

Application granted; arbitral tribunal has substantive jurisdiction over claims by FCL against A&O Nevis.

Orders

  • Declaration that the arbitral tribunal has substantive jurisdiction to determine claims by FCL against A&O Nevis.