Canadian Forest Navigation Co Ltd v Minerals Transportation Ltd (The “Phoenix Anne”) - QBD (Com Ct)(David Steel J) - 16 August 2001.

Arbitration - Safe berth dispute - Owners applying to set aside award under section 68 Arbitration Act 1996 - Whether arbitrators committed serious irregularity by failing to give sufficient weight to alleged admission by charterers

Disputes arose under a charterparty in relation to whether the charterers had nominated a safe discharge berth at Toledo. The charterparty contained a safe berth warranty, namely one safe berth Toledo, but had no express warranty as to the safety of the discharge port. It was common ground that the berth to which the vessel was ordered, number 5, was unsafe at the time of the nomination due to insufficient water depth.