Guangzhou Dockyards Company Ltd v E N E Aegiali I [2010] EWHC 2826 (Comm), [2010] All ER (D) (Nov)
Queen’s Bench Division, Commercial Court, Blair J, 5 Nov 2010
It is established law that s 69 of the Arbitration Act 1996 (AA 1996) provides only for an appeal to the court on a question of law, and the parties cannot by agreement create jurisdiction for an appeal against factual findings under it.
Robert Bright QC and Charles Holroyd (instructed by Reed Smith)
for the dockyard. Bernard Eder QC and Sean O’Sullivan (instructed by Ince & Co) for the owners.
The proceedings concerned a contract between Greek shipowners and a Chinese dockyard for the conversion of the former’s vessel. The contract was governed by English law and provided for London arbitration subject to London Maritime Arbitrators’ Association rules and AA 1996. The clause provided that the parties could appeal to the High Court “on any issue arising out of any award.” In the event, the work could not be performed and a dispute arose as to the cause. The tribunal ruled in favour of the owners. The dockyard then brought claims in the Commercial
