Award Overturned for Serious Irregularity Where Decision Based on Issues Not Argued
OAO N. Shipping Co. v. Remolcadores De Marin SL, 2007 WL 2139977, [2007] EWHC 1821 (Queen’s Bench Div., Commercial Ct.)
In this case, buyers of a tug boat had brought a claim for damages for a misrepresentation by the sellers as to the total rated power of the vessel’s engine which had induced the contract. The sellers argued, inter alia, that the representation, made in the form of a certificate of total rated power, was true, that the buyers had not relied on the representation, and had not shown that the representation was false. The tribunal held that there had not been a representation by the sellers as to the “truth” of the certificate, but only as to its “authenticity.” The buyers appealed the award under s.68 of the Arbitration Act 1996 (the “Act”) on the basis that no argument had been heard on the point. Read More