Primetrade AG v Ythan Ltd
Abstract
1 November 2005 Aikens J Commercial Court [2005] EWHC 2399 [2005] ArbLR 49 Arbitration award--Challenge--Jurisdiction--Parties--Whether respondent in arbitration liable under bills of lading as if it were a party (no)--Whether respondent `lawful holder' of bills of lading under Carriage of Goods by Sea Act 1992 (no)--Whether respondent made claim against shipowners (no)-- Arbitration Act 1996, s 67 Arbitration award--Challenge--Jurisdiction--Procedure--Whether evidence and arguments not before arbitrators may be relied on in challenge to award (yes)--Arbitration Act 1996, ss 67 and 73 No arbitral jurisdiction under operation of Carriage of Goods by Sea Act 1992 In 2003, Primetrade purchased a quantity of metallic HBI fines from Orinoco. Primetrade also contracted to sell a quantity of the same goods to Orient for delivery in China. Primetrade opened a letter of credit in favour of Orient with UBS. Under a master credit agreement and a pledge of goods and assignment, Primetrade assigned the proceeds of insurance claims to UBS. Primetrade concluded a contract for shipment from Venezuela to China on the terms of a charter party governed by an arbitration agreement. The goods were shipped under two bills of lading incorporating the arbitration agreement and showing the shipper as Orinoco. During the