- On AA 1996, s 69 appeal, Commercial Court finds LMAA tribunal should have granted injunctive relief (Silverburn Shipping v Ark Shipping (M/V ‘ARCTIC’))
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: Mrs Justice Carr, in the Commercial Court, allowed an appeal on questions of law under section 69 of the Arbitration Act 1996, (AA 1996), finding that a partial final award of a two member London Maritime Arbitrators Association (LMAA) tribunal, in a dispute relating to the termination of a bareboat charterparty, should be varied to the effect that the owners were entitled to terminate and to have the vessel re-delivered. The tribunal had found no breach of a condition of the contract by the charterers and had refused to grant injunctive relief to the owners under AA 1996, s 48(5). The decision is of interest for its discussions of what constitutes a condition in a contract and of issues of mixed fact and law and of commercial experience and judgement.
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