B.V. Scheepswerf Damen Gorinchem v The Marine Institute

Arbitration – Award. In a dispute concerning the construction of a vessel, the arbitrator found for the defendant, TMI. The claimant company, Damen, sought to challenge the arbitrator's award on the ground that, first, the delay in the publication of the award amounted to a breach of the arbitrator's duty under s 33 of the Arbitration Act 1996 and, secondly, the arbitrator had failed to deal with all of the issues put to him and/or had failed to consider central issues and/or failed to take proper consideration of key evidence. The Commercial Court, in dismissing the application, held that it was no more than an impermissible attempt to criticise the arbitrator's evaluation and analysis of the evidence.

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