Central Trading & Exports Ltd v Fioralba Shipping Company

Central Trading & Exports Ltd v Fioralba Shipping Company

The claimant is not permitted to rely on new evidence not disclosed in the arbitration, as selective disclosure and non-compliance with procedural rules would cause irremediable prejudice to the defendant and undermine fairness; the hearing will be limited to material before the arbitrators.

Parties
Claimant: Central Trading & Exports Limited; Defendant: Fioralba Shipping Company
Jurisdiction
England and Wales
Judgment Date
16 July 2014
Procedural Posture
Challenge to Arbitration Award Under Section 67 of the Arbitration Act 1996 / Interlocutory Application Regarding Admissibility of New Evidence
Outcome
Application to adduce new evidence refused; section 67 challenge to proceed on material before arbitrators only.
Legal Topics
Section 67 Challenge, Admissibility of Evidence, Disclosure Obligations, Title to Sue Under Carriage of Goods by Sea Act 1992
Arbitration Commercial Law Maritime Law Section 67 Challenge Admissibility of Evidence Disclosure Obligations Title to Sue Under Carriage of Goods by Sea Act 1992

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Parties

Central Trading & Exports Limited

Claimant

Fioralba Shipping Company

Defendant

Procedural Posture

Challenge to Arbitration Award Under Section 67 of the Arbitration Act 1996 / Interlocutory Application Regarding Admissibility of New Evidence

Legal Issues

  1. 1 Whether the court can prevent a party from relying on relevant and admissible evidence not adduced before arbitrators in a section 67 challenge
  2. 2 Whether failure to comply with arbitrators' disclosure orders affects admissibility of new evidence

Ratio Decidendi

The claimant is not permitted to rely on new evidence not disclosed in the arbitration, as selective disclosure and non-compliance with procedural rules would cause irremediable prejudice to the defendant and undermine fairness; the hearing will be limited to material before the arbitrators.

Court Disposition

Application to adduce new evidence refused; section 67 challenge to proceed on material before arbitrators only.

Orders

  • Claimant not permitted to rely on new evidence not disclosed in arbitration.
  • Section 67 hearing limited to material before arbitrators.