Bernuth Lines Ltd v High Seas Shipping Ltd

Bernuth Lines Ltd v High Seas Shipping Ltd

Service of the arbitration notice by email to the address publicly held out by Bernuth Lines Ltd was effective under section 76 of the Arbitration Act 1996; the applicant's internal failure to direct the notice to relevant personnel does not invalidate service; the LMAA Small Claims Procedure permitted service by email; the application to set aside the award is dismissed.

Parties
Applicant: Bernuth Lines Ltd; Respondent: High Seas Shipping Ltd
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Arbitration Challenge / Judgment on Application to Set Aside Arbitral Award
Outcome
Application dismissed
Legal Topics
Service of Arbitration Notice by Email, Effectiveness of Electronic Service, LMAA Small Claims Procedure, Section 76 Arbitration Act 1996, Section 68 Arbitration Act 1996, Section 72 Arbitration Act 1996
Arbitration Commercial Law Shipping Law Service of Arbitration Notice by Email Effectiveness of Electronic Service LMAA Small Claims Procedure Section 76 Arbitration Act 1996 Section 68 Arbitration Act 1996 +1 more

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Parties

Bernuth Lines Ltd

Applicant

High Seas Shipping Ltd

Respondent

Procedural Posture

Arbitration Challenge / Judgment on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether service of arbitration notice by email to a general company address constitutes effective service under section 76 of the Arbitration Act 1996
  2. 2 Whether the LMAA Small Claims Procedure permits initiation of arbitration by email
  3. 3 Whether failure to bring the arbitration to the attention of the relevant personnel constitutes a serious irregularity under section 68 of the Arbitration Act 1996

Ratio Decidendi

Service of the arbitration notice by email to the address publicly held out by Bernuth Lines Ltd was effective under section 76 of the Arbitration Act 1996; the applicant's internal failure to direct the notice to relevant personnel does not invalidate service; the LMAA Small Claims Procedure permitted service by email; the application to set aside the award is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to set aside the arbitral award is refused.