TTMI SARL V STATOIL ASA

[2011] EWHC 1150 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Beatson, 9 May 2011

Arbitration - Jurisdiction - Whether the parties had concluded a charterparty - Existence of arbitration clause - Need for written evidence of arbitration agreement - Effect of common law unwritten arbitration agreement - Arbitration Act 1996, sections 5, 67 and 81

This was appeal by the claimant under section 67 of the Arbitration Act 1996 against an arbitration award in which the arbitrator held that the parties had not entered into a charterparty and accordingly that there was no arbitration agreement in existence between the parties. He accordingly struck out a claim for demurrage. Beatson J held that a charterparty incorporating an arbitration clause had come into existence.