Milan Nigeria Ltd v Angeliki B Maritime Company

Milan Nigeria Ltd v Angeliki B Maritime Company

The tribunal erred in law by placing the burden of proof on Milan rather than Owners regarding the cause of cargo damage under the Hague Rules. Milan's appeal on this issue is allowed and the award is remitted for reconsideration. Owners' challenges on title to sue and currency of award fail; Milan had sufficiently pleaded and proved its title to sue, and the tribunal was entitled to award damages in US dollars based on the facts. No serious irregularity or grounds for leave to appeal were established by Owners.

Parties
Claimant: Milan Nigeria Limited; Defendant: Angeliki B Maritime Company
Jurisdiction
England and Wales
Judgment Date
08 April 2011
Procedural Posture
Arbitration Appeal / Judgment on Appeal and Cross Challenges Under Arbitration Act 1996 Sections 68 and 69
Outcome
Milan's appeal on burden of proof allowed; award remitted to tribunal. Owners' s.68 and s.69 challenges dismissed.
Legal Topics
Burden of Proof Under Hague Rules, Title to Sue Under Bills of Lading, Currency of Award, Serious Irregularity Under Arbitration Act 1996 S.68, Leave to Appeal Under Arbitration Act 1996 S.69
Arbitration Shipping Law Contract Law Burden of Proof Under Hague Rules Title to Sue Under Bills of Lading Currency of Award Serious Irregularity Under Arbitration Act 1996 S.68 Leave to Appeal Under Arbitration Act 1996 S.69

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Parties

Milan Nigeria Limited

Claimant

Angeliki B Maritime Company

Defendant

Procedural Posture

Arbitration Appeal / Judgment on Appeal and Cross Challenges Under Arbitration Act 1996 Sections 68 and 69

Legal Issues

  1. 1 Who bears the burden of proof for cargo damage under the Hague Rules?
  2. 2 Did Milan Nigeria Limited have title to sue under the bills of lading?
  3. 3 Was there a serious irregularity in the arbitral process regarding the title to sue and currency issues?

Ratio Decidendi

The tribunal erred in law by placing the burden of proof on Milan rather than Owners regarding the cause of cargo damage under the Hague Rules. Milan's appeal on this issue is allowed and the award is remitted for reconsideration. Owners' challenges on title to sue and currency of award fail; Milan had sufficiently pleaded and proved its title to sue, and the tribunal was entitled to award damages in US dollars based on the facts. No serious irregularity or grounds for leave to appeal were established by Owners.

Court Disposition

Milan's appeal on burden of proof allowed; award remitted to tribunal. Owners' s.68 and s.69 challenges dismissed.

Orders

  • Award remitted to arbitral tribunal for reconsideration in accordance with the correct legal burden of proof.
  • Owners' s.68 challenge on title to sue dismissed.