Tag Archives: arbitration

COVID related off-hire decisions from the LMAA

The COVID pandemic has impacted nearly every aspect of global commerce, and the shipping industry is no exception having experienced severe disruption in many different ways. Over the past two years, most maritime lawyers will have received multiple enquiries in relation to delays caused to vessels by COVID, where there is a dispute as to … Continue Reading

To what are “subjects” subject?

In DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd [2022] EWHC 181 (Comm), DHL (“Charterers”) succeeded in an application against Gemini (“Owners”) to set aside an arbitration award pursuant to section 67 of the Arbitration Act 1996 (the “Act”). Mr Justice Jacobs held that a “subject” provision in a putative fixture requiring … Continue Reading

Update – what is the requisite experience for an arbitrator?

On 13 March 2018, the Court of Appeal reversed the Commercial Court decision in Tonicstar Limited v (1) Allianz Insurance PLC; (2) Sirius International Insurance Corporation. Legatt LJ gave the leading judgment in which it was held that a QC with more than ten years’ experience in insurance legal practice is eligible for the appointment … Continue Reading

Appointment of Arbitrator

Hot on the heels of the Sino v Dana decision (reported in our blog on 16 November), the Commercial Court considered the question of notice of appointment of an arbitrator once again in Glencore Agriculture BV (formerly Glencore Grain BV) v Conqueror Holdings Limited [2017] EWHC 2893.  This is another case where the Respondent (Glencore … Continue Reading

Service of Arbitration Notice

Sino Channel Asia Ltd v Dana Shipping & Trading Pte Singapore Ltd & Anr [2017] EWCA Civ 1703 Background The case looks at the question of when notices of arbitration passed to a counterparty’s agent can be considered effective service on the counterparty in circumstances where that the agent is not authorised to receive the … Continue Reading

The importance of the arbitration notice: make sure it is sent to the right person

Sino Channel Asia Ltd v. Dana Shipping and Trading Pte Singapore and Another [2016] EWHC 1118 (Comm) A recent English High Court decision serves as a reminder of the importance of taking great care in relation to service of notice to commence arbitration. The case concerned whether the notice was sent to the correct party. … Continue Reading

Tribunal considers the relationship between “always accessible” and “weather working day” provisions

In London Arbitration 5/12, the Tribunal considered the relationship between the requirement that a berth must be “always accessible” and the “weather working day” provision in the laytime clause in the context of determining whether Owners were entitled to damages independent of the laytime regime. The vessel was chartered on an amended Syconamex form. The … Continue Reading

Arbitrator’s duty of disclosure: Arbitrator’s failure to disclose does not constitute lack of independence or impartiality

This post was written by Andrew Tetley. In a decision handed down 10 October 2012, the French Supreme Court held that an arbitrator who failed to disclose facts that objectively might have called into question his impartiality or independence, did not of itself mean he had failed in his obligation of impartiality and independence. It … Continue Reading

LMAA Terms 2012 Published

The London Maritime Arbitrators’ Association (“LMAA”) has published a revised version of its Terms, to apply to all references commenced on or after 1 January 2012 (to be referred to as the “LMAA Terms 2012”). Key differences between the LMAA Terms 2012 and the previous version include: (a)    A Tribunal will be deemed to be … Continue Reading