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Lloyd's Maritime Law Newsletter

Kirkawa Corporation v. Gatoil Overseas Inc. - Q.B.D. (Com.Ct.) (Saville J.) - 21 December 1988

Arbitration - Whether arbitrators have jurisdiction to make orders for discovery conditional upon party honouring previous interim award

The plaintiff shipowners brought arbitration proceedings claiming inter alia demurrage. In their pleaded defence in the arbitration proceedings the charterers admitted liability for U.S.$21,215 in respect of the owners’ demurrage claim but contended a right of set-off in respect of their own claims in the sum of about $70,000.

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