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In Navison Shipping A/S v Precious Pearls Ltd & Ors (the “Mookda Naree”)¹, the English Commercial Court recently considered whether a vessel was off-hire when she was arrested by a third party. The decision is an important reminder of the importance of careful drafting of off-hire provisions, and any applicable provisos, as well as a .
The recent case of
CVLC Three Carrier Corp & Anor v Arab Maritime Petroleum Transport Company [2021] EWHC 551 (Comm) is a rare example of a successful challenge under section 69 of the Arbitration Act 1996 (Act). Section 69 allows parties to an arbitration seated in England and Wales to appeal to the English courts on a question of law arising out of an arbitral award. The right to appeal under this provision can be waived by the parties and is implicitly excluded by certain institutional rules, including the LCIA and ICC Rules.
1 Even where the parties have not contracted out of it, the right to appeal is subject to strict conditions, with applicants requiring the Court’s express permission to proceed. The English Commercial Court’s decision in
On 15 February 2021, the English Commercial Court in
Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286
(Comm) ruled on the effect of non-compliance with a multi-tier
dispute resolution provision. The decision (available
here) settles a difficult question of English arbitration
law.
In summary the English Commercial Court held that:
Non-compliance with a multi-tier dispute resolution provision
is an issue of admissibility (
i.e. whether the claim is
ripe to be heard) rather than jurisdiction (
i.e. whether
the tribunal is competent to hear the claim at all).
Whether a party has complied with a multi-tier dispute
resolution provision is a procedural matter which falls within the