Navigator Spirit SA v Five Oceans Salvage SA [2018]

Navigator Spirit SA v Five Oceans Salvage SA [2018] EWHC 1108 (Comm) — 15 May 2018 (Teare J)

“Following salvage assistance to a Vessel suffering engine shut-downs near navigation channels, the LOF arbitrator based his award on a danger posed by temporary immobilisation but declined to find a collision risk danger. The appeal arbitrator accepted such a danger, increasing the salvor's remuneration. Owners raised a 'serious irregularity' challenge, saying that this particular danger (collision offshore instead of on channel passage) was neither pleaded nor argued but merely raised in discussion by the appeal arbitrator. The Court dismissed the challenge, refusing to find unfairness (Owners had the opportunity to address the point) or that any irregularity was 'serious' (given that salvage arbitration is informal in nature and the arbitrators are expected to use their own knowledge and experience) or that there had been substantial injustice (as a significantly different outcome was unlikely to have resulted from Owners addressing the new point).”

Louise Glover
E. G. Arghyrakis & Co.
23rd May 2018