Mousaka Inc v Golden Seagull Maritime Inc and Anr - QBD (Com Ct)(David Steel J) - 30 July 2001

Arbitration award - High Court refusing leave to appeal - Whether Court required to give reasons for decision - Effect of Human Rights Act 1998 and Article 6 of European Convention on Human Rights

The applicant sellers sold to the respondent buyers two product tankers pursuant to two MOA’s dated 28 August 1997. The buyers claimed damages for misrepresentation in relation to the vessels’ suitability for the carriage of certain cargoes. The disputes were referred to arbitration. The majority of the arbitrators held that the buyers were entitled to damages. By an arbitration application dated 24 November 2000 the sellers sought permission to appeal to the High Court under section 69 of the Arbitration Act 1996. The questions of law on which leave to appeal were sought were: