PACE SHIPPING CO LTD OF MALTA V CHURCHGATE NIGERIA LTD OF NIGERIA

[2009] EWHC 1975 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Teare, 31 July 2009

Arbitration - Title to sue - Carriage of Goods by Sea Act 1992 - Arbitration Act 1996, sections 57, 68 and 69

The arbitrators here decided by a majority that the respondents, CN, had title to sue in respect of a cargo which had allegedly been damaged in the course of a voyage and which was delivered short. Following the making of the award, the carriers applied to the arbitrators for clarification of the award under section 57 of the Arbitration Act 1996. The arbitrators rejected the application. The award was challenged by the carriers on the grounds that the award was ambiguous in that the arbitrators had failed to deal with all of the matters put to them (section 68(2)(d)) by disregarding a key document, and in that the award was ambiguous (section 68(2)(h)). The carriers also asserted that the arbitrators had erred in law and sought permission for an appeal under section 69. Teare J held that: (1) the award was not ambiguous and it was adequately reasoned; (2) the arbitrators had been right to reject the application under section 57; and (3) there was no error of law.