Source: All England Reporter
Publisher Citation: [2012] All ER (D) 31 (Jun)
Neutral Citation: [2012] EWHC 1412 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Field J

Representation Philip Riches (instructed by Clyde & Co LLP) for the claimant.
  Thomas Macey-Dare (instructed by Stephenson Harwood) for the defendant.
Judgment Dates: 1 June 2012

Catchwords

Arbitration - Award - Setting aside award - Serious irregularity - Claimant operating vessel insured under marine insurance policy issued by defendant company - Vessel suffering damage to hull and propeller - Claimant seeking payment under policy - Defendant paying for damage to hull only - LMAA arbitration tribunal finding some damage to propeller insured peril but impossible to quantify - Whether tribunal's decision being affected by serious irregularity - , .

The Case

Arbitration Award. The Commercial Court upheld a decision of an LMAA tribunal that damage to a vessel operated by the claimant had not been covered by an insurance policy with the defendant insurance company as most of the damage was not covered by the policy and the damage that had occurred within the policy's coverage had been impossible to quantify.

Practice Areas

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