Ducat Maritime Ltd v Lavender Shipmanagement Inc (The Majesty) [2022] EWHC 766 (Comm) (Butcher J – 14 March 2022)

Charterparty – Arbitration – Serious irregularity – Arbitrator wrongly adding the amount of an unsuccessful counterclaim to the sum awarded – Arbitrator refusing to correct award – Substantial injustice – Appropriate remedy – Arbitration Act 1996, sections 33, 57 and 68

The owners and the charterers agreed a charterparty for MV Majesty. This contained an arbitration clause, requiring the parties to submit any disputes to arbitration under the LMAA Small Claims Procedure 2017. The owners commenced arbitration seeking US$37,831.83 by way of unpaid hire. The charterers raised disputes in relation to: (1) a minor off-hire period; (2) the owners’ claim for damages for inadequate hull-cleaning; and (3) amounts claimed by the owners in lieu of hull cleaning and dunnage removal.