BTC Bulk Transport Corporation v Glencore International AG [2006] EWHC 1957 (Comm) (16 June 2006)

BTC Bulk Transport Corporation v Glencore International AG [2006] EWHC 1957 (Comm) (16 June 2006)

The tribunal committed a serious irregularity by failing to make clear to BTC that it was proceeding to a final determination of the counterclaim, thereby depriving BTC of the opportunity to present further evidence and submissions. This breached the duty of fairness under s.33 and caused substantial injustice, as...

Source-derived case information.

Citation
[2006] EWHC 1957 (Comm)
Parties
Claimant: BTC Bulk Transport Corporation; Defendant: Glencore International AG
Jurisdiction
England and Wales
Judgment Date
16 June 2006
Procedural Posture
Arbitration Act 1996 S.68 Application / High Court Application to Set Aside/remit Arbitration Award
Outcome
Application granted; award remitted to tribunal for reconsideration.
Legal Topics
Serious Irregularity Under Arbitration Act 1996 S.68, General Duty of Tribunal (s.33), Summary Dismissal in Arbitration, Substantial Injustice, Sale of Goods Act 1979 S.32(2)
Arbitration Commercial Law Shipping Serious Irregularity Under Arbitration Act 1996 S.68 General Duty of Tribunal (s.33) Summary Dismissal in Arbitration Substantial Injustice Sale of Goods Act 1979 S.32(2)

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Parties

BTC Bulk Transport Corporation

Claimant

Glencore International AG

Defendant

Procedural Posture

Arbitration Act 1996 S.68 Application / High Court Application to Set Aside/remit Arbitration Award

Legal Issues

  1. 1 Whether the arbitrators committed a serious irregularity under s.68 of the Arbitration Act 1996 by breaching their duty under s.33 to act fairly and give each party a reasonable opportunity to present its case
  2. 2 Whether the tribunal's conduct caused substantial injustice to BTC

Ratio Decidendi

The tribunal committed a serious irregularity by failing to make clear to BTC that it was proceeding to a final determination of the counterclaim, thereby depriving BTC of the opportunity to present further evidence and submissions. This breached the duty of fairness under s.33 and caused substantial injustice, as BTC was denied a fair opportunity to present its case and to seek permission to appeal.

Court Disposition

Application granted; award remitted to tribunal for reconsideration.

Orders

  • The matter is remitted to the tribunal for reconsideration.
  • BTC awarded costs of £13,000, net of deduction for abandoned s.69 application.