header-logo header-logo

Arbitration

04 November 2010
Issue: 7440 / Categories: Case law , Law digest , In Court
printer mail-detail

Dolphin Tanker Srl v Westport Petroleum Inc [2010] EWHC 2617 (Comm), [2010] All ER (D) 199 (Oct)

It was established law that the general rule on an appeal from an arbitration award on a point of law was that only the award and the relevant contract should be put before the court. That rule applied whether the appeal was brought by agreement under s 69(2)(a) of the Act or leave under s 69(2)(b) of the Act, since in each case the appeal to the court had to be on a question of law arising from the award. An appeal on a question of law was confined to facts found by the award. It was irrelevant whether the court considered those findings of fact to be wrong. There was a confined category of case where either the award had set out the relevant contractual terms in an abbreviated form, or had summarised the effect of an identified contractual exchange or had identified particular documents as having contractual effect without setting out their terms. Those were circumstances in which it

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The House of Lords has set up a select committee to examine assisted dying, which will delay the Terminally Ill Adults (End of Life) Bill
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
back-to-top-scroll