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Lloyd's Maritime Law Newsletter

Poseidon Schiffahrt Gmbh v Nomadic Navigation Co Ltd (The “Trade Nomad”) - QBD (Com Ct)(Colman J) - 1 August 1997

Arbitration Act 1979 - Whether parties to reference can consent to an appeal under section 1(3) prior to commencement of the reference - Shelltime 4 charterparty - Whether clause requiring owners to maintain or restore vessel to stipulated condition applies to defects existing at time of delivery - Whether arbitrator misconstrued off-hire clause

This was an appeal from an arbitration award. The first issue related to the construction of section 1(3) of the Arbitration Act 1979, which provided:

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