St Shipping And Transport Pte Ltd v Space Shipping Ltd; Space Shipping Ltd v St Shipping And Transport Pte Ltd

Shipping – Arbitration. The proceedings arose out of the detention of a vessel at Puerto La Cruz, by order of a Venezuelan court. The vessel had been waiting to load cargo, pursuant to an employment order given by the claimant charterers to the defendant disponent owners, pursuant to a charterparty. By his first partial final award, the arbitrator held that the employment order had been the effective cause of the detention of the vessel, continuing up to 21 July 2015 and that the charterers were liable to the disponent owners for the financial consequences of the detention up to that date. By his fourth partial final award (the fourth award), the arbitrator held that the employment order had still been causative of the disponent owners' losses after July 2015. The Commercial Court ruled that the arbitrator had not misunderstood or misapplied the legal test for causation of the continued detention of the vessel concerning the fourth award and refused to grant the charterers permission to appeal against it, under s 69 of the Arbitration Act 1996. The court further ruled that the disponent owners' challenge to a case management decision by the arbitrator was unfounded and permission to appeal in respect of it, under s 69 of AA 1996, was also refused.

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