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Bernuth Lines Ltd v High Seas Shipping Ltd ‘The Eastern Navigator’

Bernuth Lines Ltd v High Seas Shipping Ltd ‘The Eastern Navigator’ 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Bernuth Lines Ltd v High Seas Shipping Ltd ‘The Eastern Navigator’

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Bernuth Lines Ltd v High Seas Shipping Ltd ‘The Eastern Navigator’

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

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

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.133
Publisher site
See Article on Publisher Site

Abstract

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

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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