Silver Dry Bulk Company Ltd v Homer Hulbert Maritime Company Ltd [2017]

Commercial Court
Written By Louise Glover

Silver Dry Bulk Company Ltd v Homer Hulbert Maritime Company Ltd [2017] EWHC 44 (Comm) - 18 January 2017 (Males J)

“Following the sale of a Capesize bulk carrier and the dissolution of the single-purpose selling entity, the claimant buyer purported to commence arbitration against the seller and sought a declaration from the Court that the arbitral tribunal had b…

“Following the sale of a Capesize bulk carrier and the dissolution of the single-purpose selling entity, the claimant buyer purported to commence arbitration against the seller and sought a declaration from the Court that the arbitral tribunal had been validly constituted. Despite acknowledging that the claimant buyer had a "good arguable case" on the substantive claim, the Court declined to recognize that the arbitral tribunal had been validly constituted, since one of the parties was not in existence so as to be capable of being arbitrated against.”

Vasilis Bikakis
E. G. Arghyrakis & Co.
25th January 2017

Louise Glover
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