English Commercial High Court (QBD): Whether The Charterer’s Obligation To Maintain Vessel’s Class Under BARECON ’89 Form Is An Absolute Obligation?

In Silverburn Shipping (IoM) Ltd v. Ark Shipping Company LLC, [2019] EWHC 376 (Comm), the English Commercial High Court dealt with a charter party agreement on an amended standard BARECON ’89 form. The question before the Court was whether the obligation to maintain the class at all times casted upon the charterers under Clause 9A)…

English Commercial High Court (QB): Whether a claim can be dismissed for “inordinate delay” if the parties have contracted for a shorter limitation period than what is applicable under the Limitation Act 1980

  In the case of Dera Commercial Estate v. Derya Inc. [2018] EWHC 1673 (Comm), the English Commercial High Court dealt with several issues regarding time limitation provided under Section 5 of the English Limitation Act 1980 and its application for assessing “inordinate delay” under Section 41(3) of the English Arbitration Act where the parties…

English Commercial High Court (QB): Court’s intervention in challenge against the award on the ground of serious irregularity and substantial injustice

In Grindrod Shipping Pte Ltd. v Hyundai Merchant Marine Co. Ltd., [2018] EWHC 1284 (Comm), an application was made under Section 68 of the English Arbitration Act (the Act) to challenge the Award of a London Maritime Arbitration Association (LMAA) tribunal. In that award, the tribunal exercised its power under Section 41(3) of the Act…

English Commercial High Court (QB): Can the courts of Pakistan have concurrent supervisory jurisdiction if the seat of the Arbitration is England?

  In IPP’s v National Transmission and Despatch Company Limited [2018] EWHC 1052 (Comm), the English Commercial High Court while dealing with the question of whether or not the courts of Pakistan will have concurrent supervisory jurisdiction if the seat of the Arbitration is England granted a final anti-suit injunction restraining the Pakistani entity on…

English Commercial High Court (QB): Criteria to appeal for errors of law committed by the Tribunal; Correct approach to the reading of awards; Reliance v Union of India

In the case of Reliance Industries Limited & BG Exploration And Production India Limited v. The Union of India [2018] EWHC 822 (Comm), the English High Court was approached under Section 67 (Challenging the award: substantive jurisdiction), 68 (Challenging the award: serious irregularity), & 69 (Appeal on point of law) of the English Arbitration Act,…