Hagop Ardahalian v. Unifert International S.A. (The Elissar) - Court of Appeal (Ackner and Browne-Wilkinson L.JJ.) - 11 April 1984

Arbitrator decides issue before hearing argument on point - Whether award should be remitted or set aside

An arbitration took place between shipowner and voyage charterer to resolve disputes under the charterparty. On the second day of the hearing the owner sought to amend his Points of Claim by alleging that the charterers had ordered the vessel to a port which was unsafe owing to the Iran/Iraq war. Because of the lateness of the amendment that particular issue was reserved for later evidence and argument and was therefore not dealt with in the initial hearing.