Lloyd's Maritime Law Newsletter
London Arbitration 8/18
Arbitration – Jurisdiction – Claimant owners bringing arbitration proceedings against party named as charterers in charterparty – Respondent obtaining order for security for costs – Claimant subsequently applying to discharge order for security on basis that arbitrators lacked substantive jurisdiction – Whether claimant precluded from challenging order for security – Identity of charterers
The issue in this arbitration concerned the identity of
the charterers named in the charterparty, who were named as “X”. That name was
followed by the phrase “to be fully guaranteed by ‘[Y]’”.