Cockett Marine Oil D MCC v Ing Bank NV & Anor [2019]

Cockett Marine Oil D MCC v Ing Bank NV & Anor [2019] EWHC 1533 — 17 June 2019 (Teare J)

“The Claimants purchased bunker from OW to supply two vessels in 2014. In respect of each supply, a Tribunal held that it had jurisdiction over disputes by reason of a London arbitration clause in OW's 2013 terms and pursuant to that, held t OW's claim for payment to have been validly assigned to ING Bank. The Claimants sought a re-hearing under s67 of the Arbitration Act. The Court declined to find that the (recently introduced) arbitration clause had not been brought to the Claimants' attention; that there was a course of dealing between the parties excluding the 2013 terms or that they were varied by correspondence. Nor did the Court's s.27 jurisdiction extend to re-hearing the assignment issue.”

Louise Glover
E. G. Arghyrakis & Co.
19th June 2019