Charles M Willie & Co (Shipping) Ltd v Ocean Laser Shipping Ltd (The Smaro) [1998] EWHC 1206 (Comm) (29 October 1998)

Charles M Willie & Co (Shipping) Ltd v Ocean Laser Shipping Ltd (The Smaro) [1998] EWHC 1206 (Comm) (29 October 1998)

An arbitration may be commenced by an implied notice requiring the other party to appoint an arbitrator, and such notice need not be strictly or formulaically worded; Ocean Laser validly commenced arbitration against Willie by at latest the time of HFW's letter of 12 November 1993, and arbitrators have jurisdiction to determine Ocean Laser's claims.

Citation
[1998] EWHC 1206 (Comm)
Parties
Plaintiff/defendant: Charles M Willie & Co (Shipping) Limited; Defendant/plaintiff: Ocean Laser Shipping Limited; Plaintiff: G Roussos Sons SA
Jurisdiction
England and Wales
Judgment Date
29 October 1998
Procedural Posture
Originating Summons / Judgment
Outcome
Declarations granted; arbitrators have jurisdiction over Ocean Laser's claims; amendment reversal by arbitrators upheld.
Legal Topics
Commencement of Arbitration, Jurisdiction of Arbitrators, Amendment of Pleadings, Limitation Periods
Arbitration Commercial Law Commencement of Arbitration Jurisdiction of Arbitrators Amendment of Pleadings Limitation Periods

Case Brief

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Parties

Charles M Willie & Co (Shipping) Limited

Plaintiff/defendant

Ocean Laser Shipping Limited

Defendant/plaintiff

G Roussos Sons SA

Plaintiff

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 When is an arbitration commenced under English law?
  2. 2 Can a party to an arbitration agreement join an existing arbitration between other parties?
  3. 3 Can arbitrators change their minds about giving leave to amend after informing parties of their decision?

Ratio Decidendi

An arbitration may be commenced by an implied notice requiring the other party to appoint an arbitrator, and such notice need not be strictly or formulaically worded; Ocean Laser validly commenced arbitration against Willie by at latest the time of HFW's letter of 12 November 1993, and arbitrators have jurisdiction to determine Ocean Laser's claims.

Court Disposition

Declarations granted; arbitrators have jurisdiction over Ocean Laser's claims; amendment reversal by arbitrators upheld.

Orders

  • Arbitrators' jurisdiction over Ocean Laser's claims affirmed.
  • Decision reversing amendment allowed; original amendment not binding.