Bandwidth Shipping Corporation v Intaari

Bandwidth Shipping Corporation v Intaari

The tribunal did not act unfairly or deny the Owners a reasonable opportunity to address the '17 hour point'; the issue of when the vessel could have left Novo was clearly raised, and experienced counsel had the opportunity to respond. Section 68 sets a high threshold for intervention, which was not met in this case.

Parties
Appellant: Bandwidth Shipping Corporation; Respondent: Intaari
Jurisdiction
England and Wales
Judgment Date
17 October 2007
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Arbitral Procedure, Fair Hearing, Serious Irregularity, Remission of Award
Arbitration Commercial Law Arbitral Procedure Fair Hearing Serious Irregularity Remission of Award

Case Brief

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Parties

Bandwidth Shipping Corporation

Appellant

Intaari

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the arbitral tribunal failed to give the Owners a reasonable opportunity to deal with the '17 hour point' in breach of section 33 of the Arbitration Act 1996
  2. 2 Whether such failure constituted a serious irregularity under section 68 of the Arbitration Act 1996 warranting remission of the award

Ratio Decidendi

The tribunal did not act unfairly or deny the Owners a reasonable opportunity to address the '17 hour point'; the issue of when the vessel could have left Novo was clearly raised, and experienced counsel had the opportunity to respond. Section 68 sets a high threshold for intervention, which was not met in this case.

Court Disposition

appeal dismissed