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Lloyd's Law Reports

LLOYD DEL PACIFICO v. BOARD OF TRADE.

(1930) 37 Ll L Rep 103

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Arbitration - Costs - Jurisdiction of umpire-Sale of ship by Shipping Controller to Italian shipowners- Buyers' claim (1) that there was delay in delivery; (2) that there was a breach of warranty in that the vessel was unmerchantable-Claim (1) rejected; (2) upheld by umpire-Sellers ordered to pay part of buyers' costs-Case stated-Award set aside and judgment entered in favour of sellers-Refusal by umpire to vary his order as to costs -Supplemental award stating reasons -Irrelevance-Held, that, as it was clear on the face of the supplemental award that the umpire had not exercised a judicial discretion at all, that he had gone beyond the limits of his jurisdiction and his submission and had awarded costs on a perfectly wrong and improper ground, the supplemental award should be set aside.

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