Gebr Van Weelde Sheepvartkantoor B.V. v. Société Industrielle D’Acide Phosphorique Et D’Engrais & Ors (The Dynashinsky) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 31 January 1986

Arbitration - Application to High Court for order that arbitrators state reasons for award - Factors considered

This was an application under section 1(5) and (6) of the Arbitration Act 1979 that arbitrators be ordered to give reasons for their award. There had been a hearing before the arbitrators on a charterparty dispute between owners and charterers. It was the owners’ policy always to ask for reasons for an award. However, although the partner of the solicitors representing the owners was aware of this he was not present at the conclusion of the arbitration and counsel, who was accompanied by an assistant solicitor, was under the impression that he was instructed not to ask for reasons. He so informed the arbitrators. The award was then published with confidential reasons. The owners lost. There was no scope for an appeal without reasons, hence the application.