Interbulk Ltd. v. Aiden Shipping Co. Ltd. (The Vimeira) Court of Appeal (Ackner & Robert Goff L.JJ. - 22 March 1984

Arbitrators’ finding on unpleaded point - Whether award should be remitted

The vessel Vimeira was time-chartered by Aiden Shipping to Interbulk sub-chartered her for a voyage to Ghent. The sub-charterers ordered the vessel to the Rodenhuizedok dock to discharge. After discharge, it was found that the vessel had suffered serious damage to her rudder. The owners claimed against the charterers under the charterparty arbitration clause. Arbitration proceedings were also commenced by the charterers against the sub-charterers on the grounds of breach of the safe port warranty in the sub charter.