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Bottiglieri Di Navigazione SpA v Cosco Qingdao Ocean Shipping Co ‘The Bunga Saga Lima’

Bottiglieri Di Navigazione SpA v Cosco Qingdao Ocean Shipping Co ‘The Bunga Saga Lima’ 4 February 2005 Gloster J Commercial Court [2005] EWHC 244 [2005] ArbLR 10 Arbitration award--Appeal--Question of law--Permission--Whether arbitrators' decision `obviously wrong' or `open to serious doubt' (no)--Whether questions of law matters of public importance (no)--Whether to grant permission (no)--Arbitration Act 1996, s 69 Arbitration award--Challenge--Procedural irregularity--Right to be heard-- Whether arbitrators deciding issue on arguments not put before the tribunal (no)--Whether serious irregularity (no)--Whether substantial injustice (no)-- Arbitration Act 1996, ss 33 and 68 Procedural irregularity not established The parties concluded a charter on an amended NYPE standard form for short time charters. Pursuant to amendment 5 to cl 46 of the charter party, the vessel was required `to be clean per grain standard . . . upon arrival 1st loading port.' Clause 13 of the charter party provided for the vessel to be off-hire until the completion of necessary cleaning. The vessel was delivered to the charterers at Sepetiba following a delivery of coal. Both parties knew that the holds required cleaning to remove coal residues before they could carry grain. The charterers, however, did not object and loaded the vessel with iron ore, a cargo that did not require the holds to be cleaned. The vessel http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Bottiglieri Di Navigazione SpA v Cosco Qingdao Ocean Shipping Co ‘The Bunga Saga Lima’

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

Bottiglieri Di Navigazione SpA v Cosco Qingdao Ocean Shipping Co ‘The Bunga Saga Lima’

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

Abstract

4 February 2005 Gloster J Commercial Court [2005] EWHC 244 [2005] ArbLR 10 Arbitration award--Appeal--Question of law--Permission--Whether arbitrators' decision `obviously wrong' or `open to serious doubt' (no)--Whether questions of law matters of public importance (no)--Whether to grant permission (no)--Arbitration Act 1996, s 69 Arbitration award--Challenge--Procedural irregularity--Right to be heard-- Whether arbitrators deciding issue on arguments not put before the tribunal (no)--Whether serious irregularity (no)--Whether substantial injustice (no)-- Arbitration Act 1996, ss 33 and 68 Procedural irregularity not established The parties concluded a charter on an amended NYPE standard form for short time charters. Pursuant to amendment 5 to cl 46 of the charter party, the vessel was required `to be clean per grain standard . . . upon arrival 1st loading port.' Clause 13 of the charter party provided for the vessel to be off-hire until the completion of necessary cleaning. The vessel was delivered to the charterers at Sepetiba following a delivery of coal. Both parties knew that the holds required cleaning to remove coal residues before they could carry grain. The charterers, however, did not object and loaded the vessel with iron ore, a cargo that did not require the holds to be cleaned. The vessel

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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/2005.1.157
Publisher site
See Article on Publisher Site

Abstract

4 February 2005 Gloster J Commercial Court [2005] EWHC 244 [2005] ArbLR 10 Arbitration award--Appeal--Question of law--Permission--Whether arbitrators' decision `obviously wrong' or `open to serious doubt' (no)--Whether questions of law matters of public importance (no)--Whether to grant permission (no)--Arbitration Act 1996, s 69 Arbitration award--Challenge--Procedural irregularity--Right to be heard-- Whether arbitrators deciding issue on arguments not put before the tribunal (no)--Whether serious irregularity (no)--Whether substantial injustice (no)-- Arbitration Act 1996, ss 33 and 68 Procedural irregularity not established The parties concluded a charter on an amended NYPE standard form for short time charters. Pursuant to amendment 5 to cl 46 of the charter party, the vessel was required `to be clean per grain standard . . . upon arrival 1st loading port.' Clause 13 of the charter party provided for the vessel to be off-hire until the completion of necessary cleaning. The vessel was delivered to the charterers at Sepetiba following a delivery of coal. Both parties knew that the holds required cleaning to remove coal residues before they could carry grain. The charterers, however, did not object and loaded the vessel with iron ore, a cargo that did not require the holds to be cleaned. The vessel

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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