Atlantic Lines & Navigation Co. Inc. v. Italmar SpA (The Apollon) - Q.B.D. (Com.Ct.) (Webster J.) - 18 February 1985

Whether court can remit award where accidental error probably made by arbitrators but mistake not admitted

The shipowners contended that when the arbitrators quantified the charters’ counterclaim they did not credit to the owners $17,092 admitted to be due to them from the charterers. The arbitrators had provided the parties with reasons under the rubric “these reasons do not form part of the award . . . no use shall be made of them in any action . . .”. The owners submitted that the Court should look at those reasons in order to determine the application. The charterers did not formally admit any error but did not seek to persuade the court that there was none. The arbitrators had declined to comment on whether they had made a mistake.