Arbitration Law Monthly

Exportadora de Sal SA de CV v Corretaje Maritimo Sud-Americano Inc [2018] EWHC 224 (Comm) raised the unusual situation in which there was an alleged removal of the jurisdiction of the arbitrator during the course of the arbitration.

In Daewoo Shipbuilding & Marine Engineering Co Ltd v Songa Offshore Equinox Ltd and Another [2018] EWHC 538 (Comm) Bryan J readdressed the vexed question of exactly when the 28 days permitted by section 70(3) of the Arbitration Act 1996 to appeal against an award began to run where there had been an application to the arbitrators to correct their award under section 57 of the 1996 Act.

In Perkins Engines Co Ltd v Ghaddar and Another [2018] EWHC 1500 (Comm) Bryan J was required to construe a somewhat unusual clause under which the parties were to go arbitration in the absence of reciprocal enforcement arrangements between the UK and Lebanon in respect of judgments. The dispute concerned the meaning of the phrase “reciprocal enforcement procedures”.

Where there are concurrent judicial proceedings involving the same parties to an arbitration, it might be logical for the tribunal to either stay its proceedings or at least defer its award pending the outcome of those proceedings.

Navigator Spirit SA v Five Oceans Salvage SA (The Flag Mette) [2018] EWHC 1108 (Comm) was an appeal against a Lloyd’s Open Form appeal arbitration, alleging serious misconduct leading to an infringement of the rules of natural justice contrary to sections 33 and 68(2)(a) of the Arbitration Act 1996.