Chinese Shipyard Successfully Resists A Multi-Million Dollar Claim In London Arbitration Proceedings

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PRIMERA MARITIME (HELLAS) LIMITED AND OTHERS V JIANGSU EASTERN HEAVY INDUSTRY CO LTD AND ANOTHER [2013] EWHC 3066 (COMM) -

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The English Commercial Court's recent decision in Primera Maritime (Hellas) Limited and Others v Jiangsu Eastern Heavy Industry Co Ltd and Another confirmed that matters of fact and evaluation of evidence are for the arbitrators, and it is precisely such situations where the Court ought not intervene.

In an application under section 68(2)(d) of the Arbitration Act 1996 to challenge an award for serious irregularity, on the basis the tribunal failed to deal with certain issues put to it by the parties, the Court confirmed that an applicant should not subject each sentence of the tribunal's reasoning to a minute textual analysis with a view to demonstrating that the tribunal has failed to deal with a particular issue. That is the wrong approach. The losing party to an arbitration should not nitpick and look for inconsistencies and faults in the award.

Please see full article below for more information.

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Topics:  Arbitration, China, International Arbitration, Shipyard Industry

Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates, General Business Updates, International Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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