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IV. Special Case—Form

IV. Special Case—Form the ordinary practice of the port of Calcutta in doing those acts which had to be done by the charterer to enable the vessel to become an "arrived ship", and the burden of proving that the charterer was in breach of that term lay on the owners. The learned Judge then went on to state that the arbitrators had not set out the test which they had applied, and the case would therefore be remitted to the arbitrators with a direction that they should reconsider the issues in the light of the above stated implied term ; and make whatever appeared to them to be the appropriate findings of fact, against the background of that implied term so that it could be seen from the special case how their ultimate conclusion as to liability or non-liability had been reached. The learned Judge made the following very important remarks in the course of his judgement : In considering whether or not facts found in a special case support the conclusion reached by the arbitrators the Court can only draw such inferences from the facts found as must inevitably flow from them. It is not permissible for the Court to draw http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian International Arbitration Journal Kluwer Law International

IV. Special Case—Form

Asian International Arbitration Journal , Volume 40 (4): 2 – Aug 1, 1973
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Publisher
Kluwer Law International
Copyright
Copyright © 1973 Kluwer Law International BV, The Netherlands
ISSN
1574-3330
Publisher site
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Abstract

the ordinary practice of the port of Calcutta in doing those acts which had to be done by the charterer to enable the vessel to become an "arrived ship", and the burden of proving that the charterer was in breach of that term lay on the owners. The learned Judge then went on to state that the arbitrators had not set out the test which they had applied, and the case would therefore be remitted to the arbitrators with a direction that they should reconsider the issues in the light of the above stated implied term ; and make whatever appeared to them to be the appropriate findings of fact, against the background of that implied term so that it could be seen from the special case how their ultimate conclusion as to liability or non-liability had been reached. The learned Judge made the following very important remarks in the course of his judgement : In considering whether or not facts found in a special case support the conclusion reached by the arbitrators the Court can only draw such inferences from the facts found as must inevitably flow from them. It is not permissible for the Court to draw

Journal

Asian International Arbitration Journal – Kluwer Law International

Published: Aug 1, 1973

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