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Commodities in Focus Weekly - Does an instruction to issue delivery orders constitute conversion?
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Commodities in Focus Weekly: Pan Ocean Co Ltd v Daelim Corporation (DL LILAC) [2023] EWHC 391 (Comm)
An award has been remitted back to the original tribunal in a case concerning an appeal under s.69 of the Arbitration Act 1996 on a point of law. The questions considered in both the arbitration and the appeal centred upon whether a term should be implied into a charterparty that holds should be re-inspected without delay after a failed inspection. The outcome will impact Charterers' ability to claim off-hire for the intervening days following the Master calling for re-inspection and the re-inspection taking place.
The Commercial Court found that the Tribunal had erred in the application of the law and remitted the award for reconsideration.
The case also gives guidance of the interplay of ss.57 and 70(2) of the Act, and what is to be considered when examining whether a party has exhausted all available remedies before proceeding to appeal to court.
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