Primera Maritime (Hellas) Ltd & Ors v Jiangsu Eastern Heavy Industry Co Ltd & Anor [2013] EWHC 3066 (Comm) (15 October 2013)

Primera Maritime (Hellas) Ltd & Ors v Jiangsu Eastern Heavy Industry Co Ltd & Anor [2013] EWHC 3066 (Comm) (15 October 2013)

The tribunal did address the issue of continuous or repeated renunciation after affirmation and the quantum issue; the claimants' application was an attempt to challenge factual findings, not a procedural irregularity under s.68(2)(d).

Source-derived case information.

Citation
[2013] EWHC 3066 (Comm)
Parties
Claimant: Primera Maritime (Hellas) Limited; Claimant: Astra Finance Inc; Claimant: Comet Finance Inc; Defendant: Jiangsu Eastern Heavy Industry Co Ltd; Defendant: Ningbo Ningshing International Inc
Jurisdiction
England and Wales
Judgment Date
15 October 2013
Procedural Posture
Application Under Arbitration Act 1996, S.68(2)(d) / Post Arbitration, High Court Review of Arbitral Award
Outcome
Application dismissed
Legal Topics
Serious Irregularity, Renunciation, Affirmation, Anticipatory Breach, Waiver, Quantum of Damages
Arbitration Contract Law Serious Irregularity Renunciation Affirmation Anticipatory Breach Waiver Quantum of Damages

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Primera Maritime (Hellas) Limited

Claimant

Astra Finance Inc

Claimant

Comet Finance Inc

Claimant

Jiangsu Eastern Heavy Industry Co Ltd

Defendant

Ningbo Ningshing International Inc

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitral tribunal failed to deal with the issue of continuous renunciation after affirmation
  2. 2 Whether the tribunal failed to deal with the quantum issue regarding 'flipping' the contracts

Ratio Decidendi

The tribunal did address the issue of continuous or repeated renunciation after affirmation and the quantum issue; the claimants' application was an attempt to challenge factual findings, not a procedural irregularity under s.68(2)(d).

Court Disposition

Application dismissed

Orders

  • Application under section 68 of the Arbitration Act 1996 is dismissed