Poseidon Schiffahrt GmbH v Nomadic Navigation Company Ltd (Trade Nomad)
| Jurisdiction | England & Wales |
| Judge | Colman J. |
| Judgment Date | 01 August 1997 |
| Court | Queen's Bench Division (Commercial Court) |
| Date | 01 August 1997 |
Queen's Bench Division
Before Mr Justice Colman
Arbitration - leave to appeal to High Court - parties can dispense with need for
The parties to an arbitration agreement to which the Arbitration Act 1979 applied, entered into before the occurrence of a dispute or the making of an award, could by that agreement dispense with the need to obtain leave to appeal to the High Court.
Mr Justice Colman so held in the Queen's Bench Division when dismissing the appeal of Poseidon Schiffahrt Gmbh against an arbitration award of Mr Bruce Harris brought against them by Nomadic Navigation Co Ltd.
The time charter under which the substantive dispute between the parties had arisen included a provision by which the parties agreed that an arbitration could be appealed to the High Court.
Section 1 of the 1979 Act provides: "(3) An appeal under this section may be brought by any of the parties to the reference - (a) with the consent of all the other parties to the reference; or (b) subject to section 3 below, with the leave of the court."
Section 3 provides: "…(a) the High Court shall not, under section 1(3)(b) grant leave to appeal with respect to a question of law arising out of an award…if the parties to the reference in question have entered into an agreement in writing…which excludes the right of appeal under section 1…" Mr Michael Collins, QC, for the...
To continue reading
Request your trial
-
Poseidon Schiffahrt GmbH v Nomadic Navigation Company Ltd (Trade Nomad)
...2 This is an appeal with the leave of the judge against the judgment of Colman J in the Commercial Court dated 1 August 1997, [1998] 1 Lloyds Law Reports 57, whereby he dismissed the appellant charterers' appeal from the final arbitration award of Mr Bruce Harris dated 31 January 1997, on ......
-
SK Shipping Europe Plc v Capital VLCC 3 Corporation
...Shipping Ltd (The Fina Samco) [1994] 1 Lloyd's Rep 153, 158 and Poseidon Schiffaht GmbH v Nomadic Navigation Ltd (The Trade Nomad) [1998] 1 Lloyd's Rep 57; [1999] 1 Lloyd's Rep 723). The issue is what could reasonably have been expected of a reasonably prudent ship owner ( Bocimar v Ande......
-
Lim Chin San Contractors Pte Ltd v LW Infrastructure Pte Ltd
...Pioneer Shipping Ltd v BTP Tioxide Ltd [1982] AC 724 (folld) Poseidon Schiffahrt Gmb H v Nomadic Navigation Co Ltd (The Trade Nomad) [1998] 1 Lloyd's Rep 57 (folld) Taylor Woodrow Civil Engineering Ltd v Hutchinson IDH Development Ltd (1998) 75 Con LR 1 (folld) Yap Boon Keng Sonny v Pacific......
-
St Shipping and Transport PTE Ltd (Claimant (Respondent in the arbitration) v Space Shipping Ltd (Defendant (Claimant in the arbitration) "CV Stealth"
...Ltd (The Pace)UNK [2009] EWHC 1975 (Comm); [2009] 2 CLC 446. Poseidon Schiffahrt GmbH v Nomadic Navigation Co Ltd (The Trade Nomad) [1997] CLC 1542. Ullises Shipping Corp v Fal Shipping Co Ltd (The Greek Fighter)UNK [2006] EWHC 1729 (Comm); [2006] 2 CLC 497. Zermalt Holdings SA v Nu-Life Up......
-
Arbitration
...Agreement. The court (adopting the view of Colman J in Poseidon Schiffahrt GmbH v Nomadic Navigation Co Ltd (The Trade Nomad)UNK[1998] 1 Lloyd's Rep 57, interpreting similar provisions in the Arbitration Act 1979 (c 42) (UK) (repealed)) saw no policy reason to accept an agreement to appeal ......