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Gulf Import & Export Co v Bunge SA The ‘Mastrogiorgis B’

Gulf Import & Export Co v Bunge SA The ‘Mastrogiorgis B’ 21 November 2007 Flaux J Commercial Court [2007] EWHC 2667 [2007] ArbLR 30 Arbitration Award--Challenge--Jurisdiction--FOSFA Rules providing for `arbitrators' to exercise discretion to allow a claim otherwise deemed abandoned to continue--Whether FOSFA Board of Appeal precluded from exercising its own discretion on appeal (no)--Whether Board of Appeal had jurisdiction (yes)--Arbitration Act 1996, s 67 Arbitration Award--Challenge--Serious irregularity--FOSFA Rules providing for `arbitrators' to exercise discretion to allow a claim otherwise deemed abandoned to continue--Whether FOSFA Board of Appeal precluded from exercising its own discretion on appeal (no)--Whether Board of Appeal exceeded its powers (no)--Arbitration Act 1996, s 68(2)(b) Arbitration Award--Appeal--Question of law--Whether proper construction of rules of administering authority gives rise to a question of law (no)--Arbitration Act 1996, s 69 Appeal Board in two-tier arbitration has jurisdiction to review arbitrators' exercise of discretion Bunge sold Gulf a quantity of about 60,000 metric tons of Brazilian soyabeans in bulk for shipment between 15 April and 10 May 2004 on C&F terms. The contract for sale provided for demurrage at the discharge port at US$55,000 per day. It incorporated the FOSFA 22 form, cl 26 of which referred disputes to FOSFA Rules arbitration. Bunge was the time charterer of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Gulf Import & Export Co v Bunge SA The ‘Mastrogiorgis B’

Arbitration Law Reports and Review , Volume 2007 (1) – Feb 3, 2017

Gulf Import & Export Co v Bunge SA The ‘Mastrogiorgis B’

Arbitration Law Reports and Review , Volume 2007 (1) – Feb 3, 2017

Abstract

21 November 2007 Flaux J Commercial Court [2007] EWHC 2667 [2007] ArbLR 30 Arbitration Award--Challenge--Jurisdiction--FOSFA Rules providing for `arbitrators' to exercise discretion to allow a claim otherwise deemed abandoned to continue--Whether FOSFA Board of Appeal precluded from exercising its own discretion on appeal (no)--Whether Board of Appeal had jurisdiction (yes)--Arbitration Act 1996, s 67 Arbitration Award--Challenge--Serious irregularity--FOSFA Rules providing for `arbitrators' to exercise discretion to allow a claim otherwise deemed abandoned to continue--Whether FOSFA Board of Appeal precluded from exercising its own discretion on appeal (no)--Whether Board of Appeal exceeded its powers (no)--Arbitration Act 1996, s 68(2)(b) Arbitration Award--Appeal--Question of law--Whether proper construction of rules of administering authority gives rise to a question of law (no)--Arbitration Act 1996, s 69 Appeal Board in two-tier arbitration has jurisdiction to review arbitrators' exercise of discretion Bunge sold Gulf a quantity of about 60,000 metric tons of Brazilian soyabeans in bulk for shipment between 15 April and 10 May 2004 on C&F terms. The contract for sale provided for demurrage at the discharge port at US$55,000 per day. It incorporated the FOSFA 22 form, cl 26 of which referred disputes to FOSFA Rules arbitration. Bunge was the time charterer of the

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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/2007.1.391
Publisher site
See Article on Publisher Site

Abstract

21 November 2007 Flaux J Commercial Court [2007] EWHC 2667 [2007] ArbLR 30 Arbitration Award--Challenge--Jurisdiction--FOSFA Rules providing for `arbitrators' to exercise discretion to allow a claim otherwise deemed abandoned to continue--Whether FOSFA Board of Appeal precluded from exercising its own discretion on appeal (no)--Whether Board of Appeal had jurisdiction (yes)--Arbitration Act 1996, s 67 Arbitration Award--Challenge--Serious irregularity--FOSFA Rules providing for `arbitrators' to exercise discretion to allow a claim otherwise deemed abandoned to continue--Whether FOSFA Board of Appeal precluded from exercising its own discretion on appeal (no)--Whether Board of Appeal exceeded its powers (no)--Arbitration Act 1996, s 68(2)(b) Arbitration Award--Appeal--Question of law--Whether proper construction of rules of administering authority gives rise to a question of law (no)--Arbitration Act 1996, s 69 Appeal Board in two-tier arbitration has jurisdiction to review arbitrators' exercise of discretion Bunge sold Gulf a quantity of about 60,000 metric tons of Brazilian soyabeans in bulk for shipment between 15 April and 10 May 2004 on C&F terms. The contract for sale provided for demurrage at the discharge port at US$55,000 per day. It incorporated the FOSFA 22 form, cl 26 of which referred disputes to FOSFA Rules arbitration. Bunge was the time charterer of the

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Feb 3, 2017

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