Court of Appeal upholds enforcement of an arbitration award for a negative declaration
Tuesday 24 January, 2012
West Tankers Inc. v Allianz SPA and Generali Assicurazione Generali SPA
– the Front Comor
In a Judgment delivered on 24 January 2012, the Court of Appeal (Toulson, Lloyd and Carnwath LJJ) has decided that there is power under the Arbitration Act 1996 for the Court to order Judgment to be entered in the terms of an arbitration award, where the award takes the form of a negative declaration (i.e. that the successful party has no legal liability to the other party).
This is the latest chapter in a widely reported case, which has been the subject of a reference to the European Court of Justice (case C-185/07 Allianz SPA and other v West Tankers Inc. [2009] 1 Lloyd's Rep 413). The underlying dispute between the parties arises out of a collision between the vessel Front Comor and a pier serving an oil refinery belonging to the vessel's charterers, Erg Petroli SPA, in Italy.
Ince & Co represent West Tankers in this matter.
If you would like to read more about the case, please click here.
If you have any questions on this case, please do not hesitate to contact Ian Chetwood (pictured) or Clare Kempkens.
Date: Wednesday 23 - Thursday 24 May, 2012
Location: One Drummond Gate, London
Ince & Co partner Chris Kidd is speaking on “Managing conflicts and disputes”. He is also chairing and moderating some sessions.
Date: Wednesday 23 - Friday 25 May, 2012
Location: London
Ince & Co partner Fionna Gavin will be speaking during the morning of the third day on “Tanker Charterparties - time and voyage”. Which will cover the differences in, and justifications for, tanker chartering.
Date: Thursday 24 May, 2012
Location: London
Ince & Co partner Faz Peermohamed will be speaking during day one of the conference on “Shipping: The Titanic, Prestige, Costa & Pirates”.
Date: Tuesday 29 - Wednesday 30 May, 2012
Location: Cowes, English Channel, Isle of Wight, Solent
Ince & Co will be taking part in the Lutine Lineslip Regatta, a Lloyds Yacht Club Event for the Insurance Industry, in May 2012.
Date: Tuesday 29 May, 2012
Location: British Consulate, Hong Kong
Ince & Co partner Denys Hickey will be speaking at the forum on “Contractual challenges in the LNG distribution supply chain”. The session will cover balancing long term security and flexibility in contracts and identifying and mitigating risks in LNG supply contracts.