Union Marine Classification Services LLC v (1) The Government of the Union of Comoros and (2) Bruce Harris [2017]

Union Marine Classification Services LLC v (1) The Government of the Union of Comoros and (2) Bruce Harris [2017] EWHC 2364

“In a contract for the provision of flag registration services to the Government of Comoros, an experienced arbitrator found the Government liable for repudiatory breach owing to an unjustified termination of the services contract, stating however that the repudiation had not been accepted as such. Having overlooked the Government's counterclaim, he issued a corrective award holding the contractor liable for outstanding monthly payments. In a subsequent award the arbitrator held that the contract had indeed been terminated. The Court upheld that latest award holding (on the facts of that case) that his statement in the earlier award did not constitute a "finding" such as to preclude a subsequent decision that the repudiation had been accepted. Naturally, the request for the arbitrator's removal was rejected with the Court commenting on his significant experience and on his frank concessions where matters had been overlooked.”

Angeliki Georgouli
E. G. Arghyrakis & Co.
11th October 2017