Navigator Spirit SA v Five Oceans Salvage SA [2018] EWHC 1108 (Comm) (15 May 2018)

Navigator Spirit SA v Five Oceans Salvage SA [2018] EWHC 1108 (Comm) (15 May 2018)

The appeal arbitrator did not act unfairly or exceed his powers; he put the relevant scenario to both counsel, and the risk of collision offshore was a logical consequence of the scenario debated. No substantial injustice was caused, and the application to set aside the award is dismissed.

Source-derived case information.

Citation
[2018] EWHC 1108 (Comm)
Parties
Claimant: Navigator Spirit SA; Defendant: Five Oceans Salvage SA
Jurisdiction
England and Wales
Judgment Date
15 May 2018
Procedural Posture
Arbitration Appeal Under Section 68 Arbitration Act 1996 / Judgment on Application to Set Aside Arbitral Award
Outcome
Application dismissed
Legal Topics
Serious Irregularity Under Arbitration Act 1996 S.68, Salvage Remuneration, Duty to Act Fairly, Procedural Fairness in Arbitration
Arbitration Maritime Law Serious Irregularity Under Arbitration Act 1996 S.68 Salvage Remuneration Duty to Act Fairly Procedural Fairness in Arbitration

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Summary, issues, holding and outcome

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Parties

Navigator Spirit SA

Claimant

Five Oceans Salvage SA

Defendant

Procedural Posture

Arbitration Appeal Under Section 68 Arbitration Act 1996 / Judgment on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the appeal arbitrator acted unfairly by deciding the case on grounds not argued or raised in the appeal
  2. 2 Whether the appeal arbitrator exceeded his powers or failed to follow agreed procedure under Arbitration Act 1996 s.68(2)(b) and (c)
  3. 3 Whether substantial injustice was caused by the alleged irregularity

Ratio Decidendi

The appeal arbitrator did not act unfairly or exceed his powers; he put the relevant scenario to both counsel, and the risk of collision offshore was a logical consequence of the scenario debated. No substantial injustice was caused, and the application to set aside the award is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to set aside the award under section 68 Arbitration Act 1996 is dismissed