Union Marine Classification Services LLC v The Government of the Union of Comoros & Anor [2017] EWHC 2364 (Comm) (28 September 2017)

Union Marine Classification Services LLC v The Government of the Union of Comoros & Anor [2017] EWHC 2364 (Comm) (28 September 2017)

The arbitrator had jurisdiction to decide the termination issue by virtue of ad hoc agreement between the parties; there was no serious irregularity under s68 as the arbitrator's findings on non-payment and acceptance were open to him on the evidence and submissions; no substantial injustice was caused; and there was no basis for removal of the arbitrator.

Citation
[2017] EWHC 2364 (Comm)
Parties
Applicant: Union Marine Classification Services LLC; First Respondent: The Government of the Union of Comoros; Second Respondent: Bruce Harris
Jurisdiction
England and Wales
Judgment Date
28 September 2017
Procedural Posture
Arbitration Claim Under Arbitration Act 1996, S68 and S24 / Judgment on Application to Set Aside Arbitral Award for Serious Irregularity and for Removal of Arbitrator
Outcome
Application dismissed
Legal Topics
Serious Irregularity Under Arbitration Act 1996 S68, Removal of Arbitrator Under Arbitration Act 1996 S24, Repudiatory Breach of Contract, Issue Estoppel in Arbitration, Declaratory Relief in Arbitration
Arbitration Commercial Law Serious Irregularity Under Arbitration Act 1996 S68 Removal of Arbitrator Under Arbitration Act 1996 S24 Repudiatory Breach of Contract Issue Estoppel in Arbitration Declaratory Relief in Arbitration

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Parties

Union Marine Classification Services LLC

Applicant

The Government of the Union of Comoros

First Respondent

Bruce Harris

Second Respondent

Procedural Posture

Arbitration Claim Under Arbitration Act 1996, S68 and S24 / Judgment on Application to Set Aside Arbitral Award for Serious Irregularity and for Removal of Arbitrator

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to decide the question of termination of the contract after the First Award
  2. 2 Whether there was a serious irregularity under s68 of the Arbitration Act 1996 due to excess of powers or unfairness
  3. 3 Whether the arbitrator erred in finding non-payment by Union Marine after 17 April 2012

Ratio Decidendi

The arbitrator had jurisdiction to decide the termination issue by virtue of ad hoc agreement between the parties; there was no serious irregularity under s68 as the arbitrator's findings on non-payment and acceptance were open to him on the evidence and submissions; no substantial injustice was caused; and there was no basis for removal of the arbitrator.

Court Disposition

Application dismissed

Orders

  • Union Marine's challenge under s68 of the Arbitration Act 1996 is dismissed in its entirety.
  • Application for removal of the arbitrator under s24 is refused.