Fletamentos Maritimos S.A. v Effjohn International B.v
Jurisdiction | England & Wales |
Judgment Date | 08 October 1996 |
Date | 08 October 1996 |
Court | Queen's Bench Division (Commercial Court) |
Queen's Bench Division
Arbitration - interlocutory stages - High Court can intervene
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...
To continue reading
Request your trial-
Van Der Giessen-De Noord Shipbuilding Division BV v Imtech Marine & Offshore BV
...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
...& 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
...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)
-
Court of Appeal Clarifies the Meaning of Section 15 of the English Arbitration Act 1996 on the Appointment of the Arbitral Tribunal
...the Courts continue their longstanding policy of viewing such appeals critically and interpreting grounds for them narrowly. 2 [1995] 1 Lloyd’s Rep. 311...