Gulf Import & Export Co v Bunge SA The ‘Mastrogiorgis B’
Abstract
21 November 2007 Flaux J Commercial Court [2007] EWHC 2667 [2007] ArbLR 30 Arbitration Award--Challenge--Jurisdiction--FOSFA Rules providing for `arbitrators' to exercise discretion to allow a claim otherwise deemed abandoned to continue--Whether FOSFA Board of Appeal precluded from exercising its own discretion on appeal (no)--Whether Board of Appeal had jurisdiction (yes)--Arbitration Act 1996, s 67 Arbitration Award--Challenge--Serious irregularity--FOSFA Rules providing for `arbitrators' to exercise discretion to allow a claim otherwise deemed abandoned to continue--Whether FOSFA Board of Appeal precluded from exercising its own discretion on appeal (no)--Whether Board of Appeal exceeded its powers (no)--Arbitration Act 1996, s 68(2)(b) Arbitration Award--Appeal--Question of law--Whether proper construction of rules of administering authority gives rise to a question of law (no)--Arbitration Act 1996, s 69 Appeal Board in two-tier arbitration has jurisdiction to review arbitrators' exercise of discretion Bunge sold Gulf a quantity of about 60,000 metric tons of Brazilian soyabeans in bulk for shipment between 15 April and 10 May 2004 on C&F terms. The contract for sale provided for demurrage at the discharge port at US$55,000 per day. It incorporated the FOSFA 22 form, cl 26 of which referred disputes to FOSFA Rules arbitration. Bunge was the time charterer of the