Bunge SA v Kyla Shipping Co Ltd (The “Kyla”) – Court of Appeal (Longmore and Gloster LJJ and Sir Robin Jacob) [2013] EWCA Civ 734 – 20 June 2013

Practice – Appeal – Commercial Court allowing charterers’ appeal from arbitration award on question of law – Commercial Court refusing to grant owners leave to appeal to Court of Appeal – Whether Court of Appeal has jurisdiction to grant permission to appeal

A dispute arising under a charterparty of the vessel Kyla was referred to arbitration. The arbitrator made an award in favour of the owners, holding that the charterparty had been frustrated.