OAO Northern Shipping Co v Remolcadores De Marin SL (The “Remmar”) – QBD (Com Ct) (Gloster J) – 27 July 2007
Arbitration – Serious irregularity – Tribunal finding against party on ground not raised or disputed by other party – Whether award should be set aside or remitted
(2007) 724 LMLN 4
Disputes arose between buyers and sellers under a contract on the Norwegian Saleform 1993 relating to the sale and purchase of an ice classed tug. The buyers sought damages on the basis that the agreement had been induced by a misrepresentation as to the total power rating of the vessel’s engine. The alleged misrepresentation consisted of the provision to the buyers at the pre-purchase inspection of a Germanischer Lloyd certificate of class (“the GL Certificate”) which stated “Total Rated Power … 1265 kW”.
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Michael Daiches, Barrister
Aug 15 2007
