TTMI Ltd of England v ASM Shipping Ltd of India (Record no. 77132)

MARC details
000 -LEADER
fixed length control field 02131cab a2200205 4500
001 - CONTROL NUMBER
control field ##L133654
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060530n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u133654
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title TTMI Ltd of England v ASM Shipping Ltd of India
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC 2666 (Comm), 23 November 2005. T chartered a vessel from A which arrived late at the nominated load port. When T claimed substantial losses, and A counterclaimed, the dispute was referred to an arbitrator, X. During the hearing, A discovered that X had previously been instructed by T's solicitors in a matter in which serious allegations had been made against M, one of A's witnesses. A objected to X's further participation, pointing out that the allegations against M in the previous case had included the production of fraudulent documents. X refused to stand down, arguing that the objection ought to have been made before M started to give evidence. A partial award was made. A argued that the award should be set aside on the grounds of bias. "Held" a party wishing to raise an objection to arbitration proceedings must do so as soon as it becomes aware of the issue in question. In view of the tight timescale involved, A had not waived its rights to object to possible bias by permitting M to give evidence. When X refused to stand down, however, A should have made an immediate application for his removal under the Arbitration Act 1996, s24. Instead, A had taken up the partial award that was made, although continuing to object by correspondence. By taking up the award, A had lost the right to object to X's continuance in the arbitration.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TTMI LTD OF ENGLAND V ASM SHIPPING LTD OF INDIA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ARBITRATION ACT 1996 S24
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ARBITRATION ACT 1996 S73
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION-ARBITRATORS
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2005/2666.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2005/2666.html</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 30/05/2006   ONLINE PUBLICATION 133654-1001 06/08/2019 1 06/08/2019 Law report