Primera Maritime (Hellas) Ltd & Ors v Jiangsu Eastern Heavy Industry Co Ltd & Anor

Primera Maritime (Hellas) Ltd & Ors v Jiangsu Eastern Heavy Industry Co Ltd & Anor

The tribunal did deal with the issues of continuing renunciation and quantum; the claimants' application is a challenge to findings of fact, not a failure to deal with issues. There was no serious irregularity under section 68(2)(d) of the Arbitration Act 1996.

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
Arbitration Challenge (section 68 Arbitration Act 1996) / Judgment on Application to Set Aside Arbitral Award
Outcome
Application dismissed
Legal Topics
Serious Irregularity Under Section 68 Arbitration Act 1996, Failure to Deal With Issues, Renunciation and Affirmation of Contract, Quantum of Damages
Arbitration Contract Law Serious Irregularity Under Section 68 Arbitration Act 1996 Failure to Deal With Issues Renunciation and Affirmation of Contract Quantum of Damages

Case Brief

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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

Arbitration Challenge (section 68 Arbitration Act 1996) / Judgment on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Did the arbitral tribunal fail to deal with the issue of continuing renunciation?
  2. 2 Did the tribunal fail to deal with the quantum issue regarding flipping the contracts?

Ratio Decidendi

The tribunal did deal with the issues of continuing renunciation and quantum; the claimants' application is a challenge to findings of fact, not a failure to deal with issues. There was no serious irregularity under section 68(2)(d) of the Arbitration Act 1996.

Court Disposition

Application dismissed

Orders

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