Agile Holdings Corporation v Essar Shipping Ltd

Arbitration – Award. The claimant company's appeal against the findings of an arbitral tribunal was allowed, in a case where a cargo had been damaged by a fire on board a vessel. The Commercial Court held that the arbitrators had erred in finding that a clause of the charterparty had been applicable, which had caused the liability to be apportioned 50/50 between the parties. The defendant had been 100% liable. The claimant was entitled to a complete indemnity in respect of any claim made against it by the cargo interests.

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