Fehn Schiffarhts GMBH & Co KG v Romani Spa [2018]

Fehn Schiffarhts GMBH & Co KG v Romani Spa [2018] EWHC 1606 (Comm) —11 May 2018 (Mrs Justice Moulder)

“Owners challenged an arbitration award which held them liable to charterers in damages representing loss of value of the cargo following unauthorised fumigation. After the damage, receivers had assigned rights to charterers. If, as appeared, that assignment had been the basis of the tribunal's ruling, they had erred in law in not first making any finding that the receivers had sustained loss (an assignee not being able to acquire rights greater than those of the assignor); if charterers in their own right had suffered the loss (as alternatively argued), this too was not apparent from the award, which the Court ordered should be remitted to the tribunal for further consideration.”

Louise Glover
E. G. Arghyrakis & Co.
04th July 2018