Source: All England Reporter
Publisher Citation: [2006] All ER (D) 06 (Aug)
Neutral Citation: [2006] EWHC 1360 (Comm)
Court: Queen's Bench Division
Judge:

Aikens J

Representation Michael McParland (instructed by Waltons & Morse) for the claimant.
  Claire Blanchard (instructed by Ince & Co) for the defendant.
Judgment Dates: 1 August 2006

Catchwords

Arbitration - Award - Appeal - Parties entering into charterparty agreement for chartering of vessel - Parties subsequently appointing arbitrators to decide whether claimant bound by arbitration clause in agreement - Claimant challenging arbitrators' juridiction - Whether parties bound by terms of charterparty agreement - Whether arbitrators having jurisdiction to hear and determine disputes arising out of charterparty agreement.

The Case

On the claimant's application, pursuant to s67 of the challenging an arbitration award by which three arbitrators held that they had jurisdiction to hear and determine a dispute arising out of a charterparty agreement, the court dismissed the application on the basis that in the circumstances, the parties were bound by the terms of the charterparty. Accordingly, the arbitrators had been right to conclude that they did have jurisdiction to hear and determine such disputes.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.