Hanjin Shipping Co Ltd v Schiffahrtsgesellschaft “LESUM” mbH & Co KG - QBD (Com Ct)(Langley J) - 4 November 1996

Arbitration - Whether award should be remitted to arbitrators for technical misconduct on ground that arbitrators had overlooked charterers’ submissions on contributory negligence issue

The charterers (respondents in the arbitration) applied for remission of the arbitrators’ Final Award on the ground of technical misconduct under section 22(1) of the Arbitration Act 1950. They said that one of the many submissions made by them to the arbitrators was that the owners (claimants in the arbitration) were guilty of conduct in relation to the stowage of the vessel which amounted to contributory negligence, and that by misconduct or mishap or misunderstanding the arbitrators simply overlooked and did not consider that submission in their award.