B.T.P. Tioxide Ltd. v. Pioneer Shipping Ltd. & Anr. (The Nema) - Mr. Justice Robert Goff - Q.B. (Com.Ct.) - Nov. 2, 9, 12, 1979

Arbitration - Charterers applied for leave to appeal from an arbitrators award - Whether “frustration” a question of law - Whether Judge should exercise his discretion to grant leave to appeal to Court of Appeal against exercise of his discretion - Arbitration Act 1979, s.1(2), s.1(3)(b), s.1(4) - Supreme Court of Judicature (Consolidation) Act 1925, s.27(1).

This was the first appeal under the 1979 Act. The disputes that had arisen in the arbitration were whether, under a consecutive voyage charter-party, there was frustration by a strike of the whole charter-party or of the individual voyages and whether it was the 1979 season, as opposed to the whole charter-party (which had been extended to include the 1980 season) which had been frustrated.