Ascot Commodities NV v Olam International Ltd (The "Agra") - QBD (Com Ct)(Toulson J) - 8 November 2001

Arbitration - Application to set aside or remit under Section 68 Arbitration Act 1996 - Whether arbitrators' finding was one which the arbitrators were entitled to make in the light of the way in which the case was presented - Whether Award dealt with all essential issues - Whether irregularity causing serious injustice - Whether Award should be remitted or set aside

By a contract dated 24 July 1998 Ascot agreed to sell to Olam 3,000 tonnes of Vietnamese white rice +/- 10% C & F Owendo, Gabon. Ascot chartered the vessel Agra to carry the cargo of 3,300 tonnes ("the Owendo parcel"). Ascot breached the contract by interfering with the contract of carriage by causing the cargo to be off-loaded at Havana, Cuba, rather than at Owendo.