Bandwith Shipping Corp. v Intaari [2006] EWHC 2532 (Comm) (17 October 2006)

Bandwith Shipping Corp. v Intaari [2006] EWHC 2532 (Comm) (17 October 2006)

The Owners had a reasonable opportunity to address the '17 hours point' as delays attributable to breach of warranty were pleaded and discussed throughout the proceedings. The Charterers' case evolved but remained within the scope of the dispute, and the Owners' submissions and evidence addressed causation and delay. No serious irregularity or substantial injustice was established under section 68(2)(a) of the Arbitration Act 1996.

Citation
[2006] EWHC 2532 (Comm)
Parties
Claimant: Bandwith Shipping Corporation; Defendant: Intaari
Jurisdiction
England and Wales
Judgment Date
17 October 2006
Procedural Posture
Application Under Arbitration Act 1996, S.68(2)(a) / High Court Review of Arbitral Award
Outcome
Application dismissed
Legal Topics
Serious Irregularity, Arbitration Act 1996 S.68, Arbitration Act 1996 S.33, Ice Breaking Warranty, Causation in Breach of Contract, Substantial Injustice
Arbitration Maritime Law Contract Law Serious Irregularity Arbitration Act 1996 S.68 Arbitration Act 1996 S.33 Ice Breaking Warranty Causation in Breach of Contract +1 more

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Parties

Bandwith Shipping Corporation

Claimant

Intaari

Defendant

Procedural Posture

Application Under Arbitration Act 1996, S.68(2)(a) / High Court Review of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral tribunal failed to comply with its duty under section 33 of the Arbitration Act 1996
  2. 2 Whether there was a serious irregularity causing substantial injustice under section 68(2)(a)
  3. 3 Whether the Owners had a reasonable opportunity to deal with the '17 hours point' in the arbitration

Ratio Decidendi

The Owners had a reasonable opportunity to address the '17 hours point' as delays attributable to breach of warranty were pleaded and discussed throughout the proceedings. The Charterers' case evolved but remained within the scope of the dispute, and the Owners' submissions and evidence addressed causation and delay. No serious irregularity or substantial injustice was established under section 68(2)(a) of the Arbitration Act 1996.

Court Disposition

Application dismissed