Ministry of Food Government of Bangladesh v. Bengal Liner Ltd. (The Bengal Pride) - Q.B.D. (Com.Ct.) (Leggatt J.) - 9 August 1985

Sole arbitrator - Whether appointment valid

Disputes arose between the parties arising out of a voyage charterparty dated 29 June 1983 in the Gencon form. On 9 September 1983 owners appointed Mr. J. L. Potter as their arbitrator. On the same day they telexed charterers notifying them of the appointment and saying they awaited the name of charterer’s arbitrator. On 4 November owners telexed charterers again to the effect that if they failed to nominate an arbitrator by 11 November Mr. Potter would then act as sole arbitrator and his award would be final. Charterers did not reply. Mr. Potter treated the telex of 4 November and the failure to respond as having effectually appointed him as sole arbitrator. On 21 March 1984 he made an award in default of charterers’ Points of Defence.