Cadogan Maritime Inc v Turner Shipping Inc

Cadogan Maritime Inc v Turner Shipping Inc

The Tribunal had power under section 57(3)(b) of the Arbitration Act 1996 to make the Additional Award regarding Accrued Interest, as the claim was presented to the tribunal but not dealt with in the First Award. Cadogan's applications under sections 68 and 69 must fail.

Parties
Claimant: Cadogan Maritime Inc; Defendant: Turner Shipping Inc
Jurisdiction
England and Wales
Judgment Date
05 February 2013
Procedural Posture
Arbitration Claim / Judgment on Applications Under Sections 68 and 69 of the Arbitration Act 1996
Outcome
Applications dismissed
Legal Topics
Arbitration Award Correction, Scope of Tribunal Powers, Interest on Escrowed Funds, Repudiatory Breach, Restitution
Arbitration Commercial Law Arbitration Award Correction Scope of Tribunal Powers Interest on Escrowed Funds Repudiatory Breach Restitution

Case Brief

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Parties

Cadogan Maritime Inc

Claimant

Turner Shipping Inc

Defendant

Procedural Posture

Arbitration Claim / Judgment on Applications Under Sections 68 and 69 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the Tribunal had power under section 57(3)(b) of the Arbitration Act 1996 to make an Additional Award regarding Accrued Interest
  2. 2 Whether a claim for Accrued Interest was presented to the tribunal
  3. 3 Whether the claim for Accrued Interest was dealt with in the First Award

Ratio Decidendi

The Tribunal had power under section 57(3)(b) of the Arbitration Act 1996 to make the Additional Award regarding Accrued Interest, as the claim was presented to the tribunal but not dealt with in the First Award. Cadogan's applications under sections 68 and 69 must fail.

Court Disposition

Applications dismissed

Orders

  • Cadogan’s applications under sections 68 and 69 of the Arbitration Act 1996 are dismissed