Bandwith Shipping Corp. v Intaari

Bandwith Shipping Corp. v Intaari

The Owners had a reasonable opportunity to address the causative significance of delays attributable to breach, including the '17 hours point', as this issue was pleaded and discussed in submissions. The tribunal's approach did not amount to a serious irregularity under section 68(2)(a) of the Arbitration Act 1996, and there was no substantial injustice warranting remission of the award.

Parties
Claimant: Bandwith Shipping Corporation; Defendant: Intaari
Jurisdiction
England and Wales
Judgment Date
17 October 2006
Procedural Posture
Arbitration Challenge (section 68 Arbitration Act 1996) / High Court Judgment on Application to Remit Arbitral Award
Outcome
Application dismissed
Legal Topics
Serious Irregularity in Arbitration, Section 68 Arbitration Act 1996, Section 33 Arbitration Act 1996 (duty of Fairness), Causation in Breach of Warranty, Remission of Arbitral Award
Arbitration Commercial Law Shipping Law Serious Irregularity in Arbitration Section 68 Arbitration Act 1996 Section 33 Arbitration Act 1996 (duty of Fairness) Causation in Breach of Warranty Remission of Arbitral Award

Case Brief

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Parties

Bandwith Shipping Corporation

Claimant

Intaari

Defendant

Procedural Posture

Arbitration Challenge (section 68 Arbitration Act 1996) / High Court Judgment on Application to Remit Arbitral Award

Legal Issues

  1. 1 Whether the arbitral tribunal failed to give the claimant a reasonable opportunity to address the '17 hours point' (causation of delay)
  2. 2 Whether such failure, if any, amounted to a serious irregularity under section 68(2)(a) of the Arbitration Act 1996
  3. 3 Whether any such irregularity caused substantial injustice to the claimant

Ratio Decidendi

The Owners had a reasonable opportunity to address the causative significance of delays attributable to breach, including the '17 hours point', as this issue was pleaded and discussed in submissions. The tribunal's approach did not amount to a serious irregularity under section 68(2)(a) of the Arbitration Act 1996, and there was no substantial injustice warranting remission of the award.

Court Disposition

Application dismissed