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Pioneer Shipping Ltd v BTP Tioxide Ltd (‘The Nema’): HL 1982

There is no fetter on the judicial discretion to refuse leave under Section 1(3)(b) to appeal against an arbitration award. Frustration of a contract is ‘not likely to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains’. Judges: Lord Diplock Citations: [1981] 3 WLR 292, [1982] AC 724 Statutes: Arbitration … Continue reading Pioneer Shipping Ltd v BTP Tioxide Ltd (‘The Nema’): HL 1982

Finelvet AG v Vinava Shipping Co Ltd (“The Chrysalis”): 1983

The Chrysalis was trapped in the Shatt-al-Arab waterway in the course of the Iran-Iraq war, and the parties disputed the frustration of the charter contract. Held: Mustill J set out stages for considering an appeal from an arbitration award by differentiating between points of law and of fact: ‘Starting therefore with the proposition that the … Continue reading Finelvet AG v Vinava Shipping Co Ltd (“The Chrysalis”): 1983

Secretary of State for the Environment v Euston Centre Investments Ltd: ChD 5 Jan 1994

Appeals from arbitrators must be prosecuted speedily or will risk being struck out. The tests will be applied stringently. Citations: Gazette 08-Jun-1994, Gazette 20-Apr-1994, Times 05-Jan-1994 Statutes: Arbitration Act 1979 1(3)(b) Jurisdiction: England and Wales Citing: Appealed to – Secretary of State for the Environment v Euston Centre Investments Ltd CA 6-Jul-1994 Arbitration appeal may … Continue reading Secretary of State for the Environment v Euston Centre Investments Ltd: ChD 5 Jan 1994

Poseidon Schiffahrt Gmbh v Nomadic Navigation Co Ltd: Admn 1 Aug 1997

Agreement for arbitration before the 1979 Arbitration Act can dispense with need for leave to appeal against arbitration to the High Court – Whether there is a due diligence obligation on owners in respect of defects arising on delivery, construction at clause 3(i), off-hire clause: meaning of ‘from a position not less favourable to charterers’ … Continue reading Poseidon Schiffahrt Gmbh v Nomadic Navigation Co Ltd: Admn 1 Aug 1997

Aden Refinery Co Ltd v Ugland Management Co Ltd: CA 1986

A dispute under a charterparty was referred to arbitration. Held: The charterers were refused leave to appeal to the court under section 1(3)(b) of the Arbitration Act 1979. They were also refused leave to appeal to the court under section 1(6A) of the same Act. It was submitted that the ouster of the jurisdiction of … Continue reading Aden Refinery Co Ltd v Ugland Management Co Ltd: CA 1986

Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’): HL 1984

A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them. Held: Though he deprecated extending the use of the expression ‘purposive construction’ from the interpretation of statutes to the interpretation of private contracts, Lord … Continue reading Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’): HL 1984

Cantor Fitzgerald International v Callaghan and Others: CA 21 Jan 1999

The failure or emphatic refusal by a company to pay the wages under the contract as agreed would normally amount to a fundamental breach and repudiation of the contract, which would allow the employee to act on the basis that he had been constructively dismissed. Nourse LJ, Judge LJ, Tuckey LJ Times 25-Jan-1999, Gazette 17-Feb-1999, … Continue reading Cantor Fitzgerald International v Callaghan and Others: CA 21 Jan 1999

Finelvet AG v Vinava Shipping Co Ltd (The Chrysalis”): 1983″

References: [1983] 1 WLR 1469, [1983] 1 Lloyds Rep 503 Coram: Mustill J The Chrysalis was trapped in the Shatt-al-Arab waterway in the course of the Iran-Iraq war, and the parties disputed the frustration of the charter contract. Held: Mustill J set out stages for considering an appeal from an arbitration award by differentiating between … Continue reading Finelvet AG v Vinava Shipping Co Ltd (The Chrysalis”): 1983″

Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989

An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989

Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (The ‘Fant’): HL 14 Jun 1990

The House was asked as to the effect of section 1(3) of the 1930 Act on policies including ‘pay or be paid’ clauses. Held: The central question was whether the condition of prior payment was rendered of no effect by section 1(3) of the Act of 1930. It is well established that an indemnity is … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (The ‘Fant’): HL 14 Jun 1990

CMA CGM S A v Beteiligungs-Kommanditgesellschaft ‘Northern Pioneer’ Schiffahrtgesellschaft Mbh and Co and others: CA 18 Dec 2002

The Charterers appealed a refusal to allow an appeal from a decision in an arbitration. Held: The 1979 Act changed the situation fundamentally. The test was not just whether the decision was probably wrong, but the wider test allowed an appeal on a point of general public importance, provided only that the decision allowed of … Continue reading CMA CGM S A v Beteiligungs-Kommanditgesellschaft ‘Northern Pioneer’ Schiffahrtgesellschaft Mbh and Co and others: CA 18 Dec 2002

Cetelem Sa v Roust Holdings Ltd: CA 24 May 2005

The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. Held: The court granted leave to appeal but dismissed the appeal itself. Section 44 gave the court the … Continue reading Cetelem Sa v Roust Holdings Ltd: CA 24 May 2005

Geogas SA v Trammo Gas Ltd (The Baleares): CA 26 Nov 1990

Judge Wrong to Accept Appeal of Fact The charterers had sought to appeal the arbitrators’ findings on foreseeability and remoteness. The judge had set aside the arbitration award. Though he certified that a point of law existed which was of general public importance, he had refused leave to appeal. Held: The court granted leave. The … Continue reading Geogas SA v Trammo Gas Ltd (The Baleares): CA 26 Nov 1990

Gold Group Properties Ltd v BDW Trading Ltd: TCC 3 Mar 2010

The parties had contracted for the construction of an estate of houses and flats to be followed by the interim purchase by the defendants. The defendants argued that the slump in land prices frustrated the contract and that they should not be called on to purchase the properrties at the price stated because they would … Continue reading Gold Group Properties Ltd v BDW Trading Ltd: TCC 3 Mar 2010