BRITISH METAL CORPORATION, LTD. v. LUDLOW BROS. (1913), LTD.

(1938) 61 Ll L Rep 351

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Arbitration-Award-Motion to set aside -Alleged misconduct of arbitrators- Contracts for sale of spelter by claimants to respondents "on customary terms and conditions and subject to the Rules and Regulations of the London Metal Exchange"-First contract providing for delivery "works Lye first half May, 1937"-Second contract providing for delivery "works Birmingham/Lye in buyers' option, May, 1937" -Buyers' delivery instructions awaited by sellers-No instructions given by buyers-Sellers informed by buyers that as deliveries had not been made within period of contracts, they (the buyers) regarded the contracts as cancelled-Right of buyers to cancel in such circumstances-Spelter sold by sellers in open market-Claim by sellers for damages-Award in sellers' favour -Motion by buyers to set aside award on around of technical misconduct of arbitrators upheld by Clauson, J., and Court of Appeal-Second arbitration held-Further award in sellers' favour -Increased damages - Substantial increase in fees and costs of award- Case stated-Motion by buyers to set aside further award-Alleged misconduct of arbitrators (1) in admitting (a) evidence of previous course of business between parties; (b) a letter from sellers' suppliers intimating their ability to deliver sufficient spelter to sellers to enable them to implement their contracts with buyers; (2) in refusing buyers' request for adjournment of hearing of arbitration to enable them to be legally represented -Measure of damages - Substantial increase in fees and costs of award- Whether ground for setting aside award.