TY - JOUR
AB -  21 December 2005 Clarke J Commercial Court [2005] EWHC 3020 [2005] ArbLR 8 Arbitral proceeding--Commencement--Arbitration commenced by notice served by e-mail--Whether commencement valid (yes)--Arbitration Act 1996, ss 14 and 76(3) Arbitration award--Challenge--Jurisdiction--Constitution of arbitral tribunal--Commencement of arbitration and procedure by way of communication to general e-mail address--Addressee taking no part in the proceedings--Whether to allow application to be amended out of time to include jurisdictional grounds (yes)--Whether addressee entitled to apply for declaration that award of no effect (no)--Arbitration Act, 1996, ss 67 and 72 Arbitration award--Challenge--Serious irregularity--Right to be heard-- Communications in arbitration by way of general e-mail address--Whether company had sufficient notice of proceedings (yes)--Whether serious irregularity (no)--Whether substantial injustice (no)--Arbitration Act, 1996, s 33 and 68 Communications to general e-mail address not unfair Bernuth Lines chartered the `Eastern Navigator' from the owners, High Seas Shipping, on an amended NYPE form. Disputes arose and High Seas referred these to arbitration. Letters before action and the notice of arbitration were forwarded to an e-mail address, info@bernuth.com, which had not been used in previous communications. This address appeared: (a) in the Lloyds Maritime Directory 2005; and (b) on the website together with the postal address, telephone, and fax 
TI - Bernuth Lines Ltd v High Seas Shipping Ltd ‘The Eastern Navigator’
JF - Arbitration Law Reports and Review
DO - 10.1093/alrr/2005.1.133
DA - 2005-01-01
UR - https://www.deepdyve.com/lp/oxford-university-press/bernuth-lines-ltd-v-high-seas-shipping-ltd-the-eastern-navigator-sH4tdq38am
SP - 133
EP - 146
VL - 2005
IS - 1
DP - DeepDyve
ER -