The claimant sought rmission of part of the final award.
Held: Coulson J said: ‘It is not, I think, for the arbitral tribunal to hunt through the contract and find other ways in which the claimant’s claim might be put, and then offer the claimant a further opportunity to make submissions on any provision thereby identified. In an adversarial system it is for the claimant to identify the ways in which it puts its case.’
Judges:
Coulson J
Citations:
[2009] EWHC 275 (TCC), [2009] CILL 2681, [2009] 1 Lloyd’s Rep 537, [2009] 2 All ER (Comm) 519
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – ED and F Man Sugar Ltd v Belmont Shipping Ltd ComC 18-Nov-2011
Allegation of serious irregularity in arbitration.
Held: The request was refused: ‘the present case can hardly be said to be an extreme case which justice calls out to be corrected.’.
‘Arbitrators are not barred from asking a party . .
Cited – ED and F Man Sugar Ltd v Belmont Shipping Ltd ComC 18-Nov-2011
Allegation of serious irregularity in arbitration.
Held: The request was refused: ‘the present case can hardly be said to be an extreme case which justice calls out to be corrected.’.
‘Arbitrators are not barred from asking a party . .
Lists of cited by and citing cases may be incomplete.
Arbitration, Litigation Practice
Updated: 18 July 2022; Ref: scu.301657
