West Tankers Inc v Allianz Spa and another [2011] EWHC 829 (Comm), [2011] All ER (D) 51 (Apr)
Queen’s Bench Division, Commercial Court, Field J, 6 Apr 2011
The Commercial Court has explained the meaning of s 66 of the Arbitration
Act 1996
David Bailey QC (instructed by Ince and Co) for the claimant. Stephen Males QC and Sara Masters (instructed by MFB Solicitors) for the defendants. David Bailey QC (instructed by Ince & Co) for the claimant. Stephen Males QC and Sara Masters (instructed by MFB Solicitors) for the defendants.
The claimant entered into a charterparty on an amended Asbatankvoy form, under which a vessel was to carry a cargo of crude oil to a refinery in Italy belonging to E Ltd (E). Following a collision between the vessel and a pier at E’s refinery, claims were asserted by E against the claimant which were referred to arbitration in accordance with the arbitration agreement in the charter. As the reference was progressing, the defendants, who were E’s subrogated insurers, brought a claim against the claimant in the Italian courts in respect of the same incident.
