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ASM Shipping Ltd of India v TTMI Ltd of England

ASM Shipping Ltd of India v TTMI Ltd of England 20 April 2007 Clarke J Commercial Court [2007] EWHC 927 [2007] ArbLR 6 Arbitration award--Enforcement--Order for permission to enforce--Whether non-compliance--Whether to debar non-complying party from resisting application to remove arbitrators (no)--Whether to debar non-complying party from further participation in arbitral proceedings (no)--Arbitration Act 1996, s 66(1) and (2) Court lacks jurisdiction to debar party from participation in arbitral proceedings ASM chartered a vessel from TTMI. Disputes arose in relation to claims for damages, freight, and demurrage, resulting from late arrival caused by arrests for bunkers and services. The parties appointed two arbitrators. In April 2002, the two party-appointed arbitrators rendered an interim award ordering TTMI to pay US$640,100 in outstanding freight. In June 2002, the parties entered into an agreement pursuant to which US$707,500 was paid into an escrow account pending resolution of remaining claims. The account accrued interest at a rate less than the rate of interest ordered by the arbitrators in the interim freight award. In November 2002, the tribunal declined to accede to the ASM's application for an interim award of US$202,390 for demurrage. In July 2004, the tribunal ordered ASM to pay the costs of TTMI's application for disclosure. In a further partial award, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

ASM Shipping Ltd of India v TTMI Ltd of England

Arbitration Law Reports and Review , Volume 2007 (1) – Jan 1, 2007

ASM Shipping Ltd of India v TTMI Ltd of England

Arbitration Law Reports and Review , Volume 2007 (1) – Jan 1, 2007

Abstract

20 April 2007 Clarke J Commercial Court [2007] EWHC 927 [2007] ArbLR 6 Arbitration award--Enforcement--Order for permission to enforce--Whether non-compliance--Whether to debar non-complying party from resisting application to remove arbitrators (no)--Whether to debar non-complying party from further participation in arbitral proceedings (no)--Arbitration Act 1996, s 66(1) and (2) Court lacks jurisdiction to debar party from participation in arbitral proceedings ASM chartered a vessel from TTMI. Disputes arose in relation to claims for damages, freight, and demurrage, resulting from late arrival caused by arrests for bunkers and services. The parties appointed two arbitrators. In April 2002, the two party-appointed arbitrators rendered an interim award ordering TTMI to pay US$640,100 in outstanding freight. In June 2002, the parties entered into an agreement pursuant to which US$707,500 was paid into an escrow account pending resolution of remaining claims. The account accrued interest at a rate less than the rate of interest ordered by the arbitrators in the interim freight award. In November 2002, the tribunal declined to accede to the ASM's application for an interim award of US$202,390 for demurrage. In July 2004, the tribunal ordered ASM to pay the costs of TTMI's application for disclosure. In a further partial award,

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2012
Subject
Judgements
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2007.1.61
Publisher site
See Article on Publisher Site

Abstract

20 April 2007 Clarke J Commercial Court [2007] EWHC 927 [2007] ArbLR 6 Arbitration award--Enforcement--Order for permission to enforce--Whether non-compliance--Whether to debar non-complying party from resisting application to remove arbitrators (no)--Whether to debar non-complying party from further participation in arbitral proceedings (no)--Arbitration Act 1996, s 66(1) and (2) Court lacks jurisdiction to debar party from participation in arbitral proceedings ASM chartered a vessel from TTMI. Disputes arose in relation to claims for damages, freight, and demurrage, resulting from late arrival caused by arrests for bunkers and services. The parties appointed two arbitrators. In April 2002, the two party-appointed arbitrators rendered an interim award ordering TTMI to pay US$640,100 in outstanding freight. In June 2002, the parties entered into an agreement pursuant to which US$707,500 was paid into an escrow account pending resolution of remaining claims. The account accrued interest at a rate less than the rate of interest ordered by the arbitrators in the interim freight award. In November 2002, the tribunal declined to accede to the ASM's application for an interim award of US$202,390 for demurrage. In July 2004, the tribunal ordered ASM to pay the costs of TTMI's application for disclosure. In a further partial award,

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2007

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