Fletamentos Maritimos S.A. v Effjohn International B.v

JurisdictionEngland & Wales
Judgment Date08 October 1996
Date08 October 1996
CourtQueen's Bench Division (Commercial Court)

Queen's Bench Division

Fletamentos Maritimos SA
Effjohn International BV

Arbitration - interlocutory stages - High Court can intervene

Power of judge to intervene in ongoing arbitration

A High Court judge could intervene in the interlocutory stages of an arbitration by remitting a matter to the arbitrator for his reconsideration, although that power would be used only rarely.

Mr Justice Morison so held in the Queen's Bench Division on October 3 when refusing the application of Flatamentos Maritimos SA for the removal of the arbitrator of their arbitration case against Effjohn International BV and an order setting aside his decision as to directions or alternatively remitting the matter for a fresh decision.

HIS LORDSHIP said that in K/S A/S Bill Biakh and K/S A/S Bill Biali v Hyundai CorporationUNK ([1988] 1 Lloyd's Rep 187) the judge had said "…an arbitrator's failure to observe the principles of natural justice in the making of interlocutory rulings may lead either to the revocation of the mandate of the arbitrator…or the removal of the arbitrator…but…the court has no inherent jurisdiction to correct procedural errors…during the...

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4 cases
  • Van Der Giessen-De Noord Shipbuilding Division BV v Imtech Marine & Offshore BV
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 26 Noviembre 2008
    ...in which it is the parties who appoint the umpire. It must have been designed to deal with the questions, considered in Fletamentos Maritimos v Effjohn International [1995] 1 Lloyd's Rep 311, (a) whether the umpire, appointed either by the arbitrators (as in that case) or the parties, could......
  • International Research Corporation Plc v
    • Singapore
    • High Court (Singapore)
    • 12 Noviembre 2012
    ...& Holding Corp v Privalov [2007] Bus LR 1719; [2008] 1 Lloyd's Rep 254 (refd) Fletamentos Maritimos SA v Effjohn International BV [1996] 2 Lloyd's Rep 304 (refd) Grossman v Hooper [2001] 2 EGLR 82 (refd) Habas Sinai Ve Tibbi Gazlar Isthisal Endustri AS v Sometal SAL [2010] Bus LR 880; [2010......
  • International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd and another
    • Singapore
    • High Court (Singapore)
    • 12 Noviembre 2012
    ...see Faghirzadeh v Rudolf Wolff (SffA) (Pty) Ltd [1977] 1 Lloyd’s Rep 630; and Fletamentos Maritimos SA v Effjohn International BV [1996] 2 Lloyd’s Rep 304. Mr Pillai also referred to Coop International Pte Ltd v Ebel SA [1998] 1 SLR(R) 615, a previous decision of mine which appears to suppo......
  • Fletamentos Maritimos S.A. v Effjohn International B.v (No. 2)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • Invalid date
1 firm's commentaries

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