POSEIDON SCHIFFAHRT G.m.b.H. v. NOMADIC NAVIGATION CO. LTD. (THE “TRADE NOMAD”)

[1998] 1 Lloyd's Rep. 57

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Colman

Arbitration - Award - Leave to appeal - Construction - Agreement that disputes under charter-party to be referred to arbitration - Whether consent to appeals from award without leave should be restricted to consent given after dispute had been referred to arbitration - Arbitration Act, 1979, ss. 1(3), 3. Charter-party (Time) - Standard terms - Construction - Charterers discovered vessel unfit to carry out crude oil washing and to carry crude oil - Charterers claimed deductions from hire - Whether clause applied to defects existing at time of delivery. Arbitration - Award - Error of law - Off-hire clause - Construction - Vessel off hire due to boiler and engine breakdown - Meaning of words “until she is again ready and in an efficient state to resume her service. . .” - Whether arbitrator made error of law in application of off-hire clause to periods of off-hire.