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Court can appoint an arbitrator in a shipping dispute where there is a good arguable case

In Five Oceans Salvage Consultants Ltd v Perla Navigation Ltd (unreported), the applicant applied for the court to appoint an arbitrator pursuant to section 18 Arbitration Act 1996. The applicant was the contractor under a Lloyd’s standard form of salvage agreement, which incorporated the Lloyds standard salvage and arbitration clauses. The second and third respondents … Continue Reading

A court can order judgment in the terms of an arbitral award which takes the form of a negative declaration

West Tankers Inc v Allianz SpA (“The Front Comor”) [2012] EWCA Civ 27 A tanker owned by the Respondent, which was chartered to an Italian company, had caused extensive damage due to a collision with a pier owned by Charterers. The Appellants were Charterers’ insurers, and were subrogated to Charterers’ claims against Owners. A Tribunal … Continue Reading