Nakanishi Kikai Kogyosho Ltd. v Intermare Transport GmbH

Nakanishi Kikai Kogyosho Ltd. v Intermare Transport GmbH

The court found 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. The factual context was too unclear and disputed for summary judgment to be appropriate.

Parties
Claimant: Nakanishi Kikai Kogyosho Limited; Defendant: Intermare Transport GMBH
Jurisdiction
England and Wales
Judgment Date
13 May 2009
Procedural Posture
Commercial Arbitration/contractual Dispute / Application for Summary Judgment Under Section 72 of the Arbitration Act, 1996
Outcome
Application for summary judgment refused
Legal Topics
Summary Judgment, Arbitration Agreements, Authority of Agents, Identity of Contracting Parties
Arbitration Commercial Law Contract Law Summary Judgment Arbitration Agreements Authority of Agents Identity of Contracting Parties

Case Brief

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Parties

Nakanishi Kikai Kogyosho Limited

Claimant

Intermare Transport GMBH

Defendant

Procedural Posture

Commercial Arbitration/contractual Dispute / Application for Summary Judgment Under Section 72 of the Arbitration Act, 1996

Legal Issues

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

Ratio Decidendi

The court found 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. The factual context was too unclear and disputed for summary judgment to be appropriate.

Court Disposition

Application for summary judgment refused

Orders

  • Application for summary judgment by NKK refused.