Gulf Import & Export Co v Bunge SA [2007] EWHC 2667 (Comm) (21 November 2007)

Gulf Import & Export Co v Bunge SA [2007] EWHC 2667 (Comm) (21 November 2007)

On the proper construction of the FOSFA Rules, the Board of Appeal has an unfettered right of appeal under Rule 7 and can exercise its own discretion to allow a lapsed claim to continue under Rule 3. The absence of express reference to the Board of Appeal in Rule 3 does not fetter this right. Gulf's application fails on the merits, and its conduct did not amount to an ad hoc submission nor was it precluded from objecting by delay.

Citation
[2007] EWHC 2667 (Comm)
Parties
Claimant: Gulf Import & Export Co.; Defendant: Bunge SA
Jurisdiction
England and Wales
Judgment Date
21 November 2007
Procedural Posture
Arbitration Act 1996 Challenge (high Court, Commercial Court) / Judgment on Application to Set Aside or Remit Arbitral Appeal Award
Outcome
Application dismissed
Legal Topics
Arbitration Procedure, Jurisdiction of Arbitral Tribunals, Appeals in Arbitration, Interpretation of Arbitration Rules, Serious Irregularity Under Arbitration Act 1996 S.68
Arbitration Commercial Law Arbitration Procedure Jurisdiction of Arbitral Tribunals Appeals in Arbitration Interpretation of Arbitration Rules Serious Irregularity Under Arbitration Act 1996 S.68

Case Brief

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Parties

Gulf Import & Export Co.

Claimant

Bunge SA

Defendant

Procedural Posture

Arbitration Act 1996 Challenge (high Court, Commercial Court) / Judgment on Application to Set Aside or Remit Arbitral Appeal Award

Legal Issues

  1. 1 Whether the Board of Appeal under FOSFA Rules has jurisdiction or power to exercise its own discretion to allow a lapsed claim to continue under Rule 3
  2. 2 Whether Gulf is precluded from raising the jurisdictional objection due to timing or conduct

Ratio Decidendi

On the proper construction of the FOSFA Rules, the Board of Appeal has an unfettered right of appeal under Rule 7 and can exercise its own discretion to allow a lapsed claim to continue under Rule 3. The absence of express reference to the Board of Appeal in Rule 3 does not fetter this right. Gulf's application fails on the merits, and its conduct did not amount to an ad hoc submission nor was it precluded from objecting by delay.

Court Disposition

Application dismissed