Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

KIRIL MISCHEFF, LTD. v. CONSTANT, SMITH & CO.

(1949) 83 Ll.L.Rep. 496

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Arbitration-Award-Error of law on face -Motion to set aside-Power of Court to remit-Dispute under contract for sale of nuts-Clause in contract providing that Any dispute under this contract to be settled by arbitration in London. No claims entertained after goods taken from warehouse.

Claim by buyers on ground of defective quality-Plea by sellers that, by usage of trade, buyers' claim was out of time -Custom of trade-Arbitration- Award that

claim on quality was not made within a reasonable time from the final date of landing and thereby we conclude that the buyer has no case.

Defective reason-Whether Court empowered to remit award to arbitrators to permit them to remedy defect in reasoning-Discretion of Court- Arbitration Act, 1889, Sect. 10.

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