Aiden Shipping Company Ltd. v. Interbulk Ltd. (The Vimeira) - Court of Appeal (Sir John Donaldson, M.R., Parker and Croom-Johnson L.JJ.) - 10 October 1985

Costs - Whether owners liable to pay charterers’ costs of charterers’ application to remit award made in sub-charter arbitration

The vessel Vimeira was chartered by Aiden to Interbulk and sub-chartered by Interbulk to ICCO. In December 1979 she visited Ghent and damaged her rudder. Aiden made claims under the head-charter against Interbulk and Interbulk, under the sub-charter, against ICCO. Separate arbitrations ensued. Awards were made. Both awards were eventually remitted. Disputes arose as to the scope of the remission of the award made under the head-charter. Those disputes were resolved in favour of Interbulk. Aiden then issued a further notice of motion in the Commercial Court seeking a further or wider remission, pursuant to section 22 of the Arbitration Act, 1950. Interbulk issued a similar motion in respect of the sub-charter, in order to protect their position should Aiden be successful. Aiden were not successful and nor were Interbulk, because both applications were refused.