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25 July 2014
Issue: 7616 / Categories: Case law , Law reports , In Court
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Arbitration—Appeal—Fresh evidence

Central Trading & Exports Ltd v Fioralba Shipping Company [2014] EWHC 2397 (Comm), [2014] All ER (D) 171 (Jul)

Queen’s Bench Division, Commercial Court, Males J, 16 Jul 2014

The court does not have an unfettered discretion to exclude relevant evidence on an application under s 67 of the Arbitration Act 1996 (AA 1996), nor is the only ground upon which it may do so is that the admission of new evidence would cause prejudice to the other side.

Ben Olbourne (instructed by Grier Olubi Solicitors) for the claimant. Robert Bright QC and Charles Holroyd (instructed by Jackson Parton Solicitors) for the defendant.

The claimant had a claim for loss and damage to a cargo of bagged rice carried from Thailand to Nigeria pursuant to five bills of lading on board the defendant’s vessel. The bills were subject to English law, and each contained a London arbitration clause. The claimant claimed that it had become the holder of the bills, and that rights of suit were transferred to it

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Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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