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Lloyd's Maritime Law Newsletter

Heinrich Hanno Co. B.V. v. Fairlight Shipping Co. Ltd.; Hanse Schiffahrtskontor G.m.b.H. v. Andre S.A. (The Kostas K) - Q.B.D. (Hobhouse J.) - 23 November 1984

Appeal to the High Court under Arbitration Act 1979 - Whether respondent limited to arguing points of law on which leave to appeal was granted

In the course of the arbitrations, the shipowners had argued in the alternative that by reason of estoppel, the charterers were precluded from denying that they had been in breach of the charterparty obligations and that they should nevertheless be found liable. This argument was rejected by all the arbitrators. The charterers (Hanno) had subsequently obtained leave to appeal under section 1(3) of the Arbitration Act 1979, but leave had only been granted in relation to the questions of law relating to the construction of the charterparty and bill of lading points (see above).

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