TTMI Sarl v Statoil ASA [2011] EWHC 1150 (Comm)

Charterparty – Recap email stating wrong name of shipowner – Formation by conduct

The facts

The underlying dispute was a claim by TTMI of US$322,789.06 in demurrage under a single voyage charterparty of the vessel Sibohelle on the Shellvoy 5 form, cl 43(c) of which provided for London arbitration. The charterparty had been fully performed. By this action, the claimant, TTMI, commenced a challenge under s67 of the Arbitration Act 1996 against the decision of a single arbitrator to strike out its claim against the defendant, Statoil, under the charterparty. The arbitrator so decided on the ground that there had been no contract between TTMI and Statoil, and therefore no arbitration agreement between them.