INTERNAUT SHIPPING GmbH AND ANOTHER v. FERCOMETAL SARL (THE “ELIKON”) [2003] EWCA Civ 812

[2003] 2 Lloyd's Rep. 430

COURT OF APPEAL

Before Lord Justice Mummery, Lord Justice Sedley and Lord Justice Rix

Arbitration - Identification of party to arbitration - Arbitration commenced on behalf of “owners” under charter-party - Body of charter-party referred to owners as Sphinx Navigation Ltd. c/o Internaut Shipping GmbH - Charter-party signed by Internaut as “owners” without qualification - Points of claim named Sphinx as “Claimants (Owners)” - Points of defence admitted that Sphinx were owners - Interim awards made in favour of Sphinx - Owners’ solicitors subsequently asserted that owners were Internaut and not Sphinx, and that references to Sphinx in the arbitration were a mere misnomer - Whether Internaut or Sphinx was party to the charter-party - Whether Internaut or Sphinx was party to the arbitration - Whether references to Sphinx in the arbitration were a mere misnomer - Whether arbitration a nullity