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Primetrade AG v Ythan Ltd

Primetrade AG v Ythan Ltd 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Primetrade AG v Ythan Ltd

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

Primetrade AG v Ythan Ltd

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

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

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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/2005.1.637
Publisher site
See Article on Publisher Site

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

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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