header-logo header-logo

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

Arbitration

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 might be appropriate for a party to invite the court

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll