Nestor Maritime SA v Sea Anchor Shipping Co Ltd

Nestor Maritime SA v Sea Anchor Shipping Co Ltd

The Sellers failed to satisfy the burden under s.73 of the Arbitration Act 1996 that the alleged fraud could not with reasonable diligence have been discovered, given grounds to suspect existed. The application for extension of time is refused both on this statutory bar and, alternatively, as a matter of discretion due to delay and the extreme weakness of the case.

Parties
Claimant: Nestor Maritime S.A.; Defendant: Sea Anchor Shipping Co. Ltd
Jurisdiction
England and Wales
Judgment Date
20 April 2012
Procedural Posture
Commercial Arbitration Challenge / Application for Extension of Time to Challenge Arbitral Award
Outcome
Application for extension of time refused
Legal Topics
Extension of Time, Serious Irregularity, Fraud in Arbitration, Finality of Arbitral Awards
Arbitration Commercial Law Extension of Time Serious Irregularity Fraud in Arbitration Finality of Arbitral Awards

Case Brief

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Parties

Nestor Maritime S.A.

Claimant

Sea Anchor Shipping Co. Ltd

Defendant

Procedural Posture

Commercial Arbitration Challenge / Application for Extension of Time to Challenge Arbitral Award

Legal Issues

  1. 1 Whether the Sellers are entitled to an extension of time to challenge the arbitral award under s.68(2)(g) of the Arbitration Act 1996 on grounds of fraud
  2. 2 Whether the alleged fraud could not with reasonable diligence have been discovered by the Sellers
  3. 3 Whether the application is sufficiently strong to warrant an extension of time

Ratio Decidendi

The Sellers failed to satisfy the burden under s.73 of the Arbitration Act 1996 that the alleged fraud could not with reasonable diligence have been discovered, given grounds to suspect existed. The application for extension of time is refused both on this statutory bar and, alternatively, as a matter of discretion due to delay and the extreme weakness of the case.

Court Disposition

Application for extension of time refused

Orders

  • Counsel to agree a draft order (including costs) for approval; court will address any outstanding issues if not agreed