Nakanishi Kikai Kogyosho Ltd. v Intermare Transport GmbH [2009] EWHC 994 (Comm) (13 May 2009)

Nakanishi Kikai Kogyosho Ltd. v Intermare Transport GmbH [2009] EWHC 994 (Comm) (13 May 2009)

The court held that the circumstances in which the charterparties were concluded were too obscure for summary judgment and that Intermare had a real prospect of establishing at trial that NKK was a party to the charterparties and that Mr. Watanabe had at least ostensible authority to bind NKK.

Citation
[2009] EWHC 994 (Comm)
Parties
Claimant: Nakanishi Kikai Kogyosho Limited; Defendant: Intermare Transport GMBH
Jurisdiction
England and Wales
Judgment Date
13 May 2009
Procedural Posture
Commercial Court Application Under Arbitration Act 1996 S.72 / Summary Judgment Application
Outcome
Application for summary judgment refused
Legal Topics
Arbitration Agreements, Summary Judgment, Authority to Contract, Construction of Contracts, Ostensible Authority
Arbitration Commercial Law Arbitration Agreements Summary Judgment Authority to Contract Construction of Contracts Ostensible Authority

Case Brief

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Parties

Nakanishi Kikai Kogyosho Limited

Claimant

Intermare Transport GMBH

Defendant

Procedural Posture

Commercial Court Application Under Arbitration Act 1996 S.72 / Summary Judgment Application

Legal Issues

  1. 1 Whether Nakanishi Kikai Kogyosho Limited (NKK) was a party to the arbitration agreements in two time charterparties
  2. 2 Whether Mr. Watanabe had actual or ostensible authority to bind NKK to the charterparties

Ratio Decidendi

The court held that the circumstances in which the charterparties were concluded were too obscure for summary judgment and that Intermare had a real prospect of establishing at trial that NKK was a party to the charterparties and that Mr. Watanabe had at least ostensible authority to bind NKK.

Court Disposition

Application for summary judgment refused

Orders

  • Application for declarations that NKK is not party to the arbitration agreements refused
  • Application for injunction restraining arbitration proceedings against NKK refused