THYSSEN CANADA LIMITED v. MARIANA MARITIME S.A. AND ANOTHER (THE “MARIANA”)

[2005] 1 Lloyd's Rep. 640

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice Cooke

Arbitration - Award - Application to set aside - Cargo damaged by fire in hold - Dispute referred to arbitration - Arbitrators found in favour of shipowners on basis that fire had started accidentally and shipowners had exercised due diligence - Cargo owners challenged award out of time and relied on fresh evidence to allege that crew had given false evidence and that fire had been started deliberately - Whether award should be set aside or remitted as being obtained by fraud or procured contrary to public policy - Whether cargo owners had lost right to object - Whether time for application should be extended - Whether abuse of process - Proper approach to admission of fresh evidence - Arbitration Act, 1996, ss. 68(2)(g), 70(3) and 73.