Jurisdiction: constitution of the arbitral tribunal

In Transgrain Shipping BV v Deiulemar Shipping SpA (The Eleni P) [2014] EWHC 4202 (Comm) Teare J faced a tricky problem as to which of two sets of conflicting arbitration provisions adopted by the parties was pertinent to their dispute. Teare J opted for the BIMCO clause rather than the parties’ own wording. That gave rise to a further problem as to whether the arbitrators had been properly appointed.

The Eleni P : the contractual background