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England and Wales High Court (Commercial Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Glencore Agriculture BV v Conqueror Holdings Ltd  EWHC 2893 (Comm) (16 November 2017)
Cite as:  WLR(D) 770,  Bus LR 2090,  EWHC 2893 (Comm)
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BUSINESS AND PROPERTY COURTS
OF ENGLAND AND WALES
QUEEN'S BENCH DIVISION
Fetter Lane, London, EC4A 1NL
B e f o r e :
| GLENCORE AGRICULTURE B.V.
(formerly GLENCORE GRAIN B.V.)
- and –
|CONQUEROR HOLDINGS LIMITED
Ms Stephanie Barrett (instructed by Jackson Parton) for the Defendant
Hearing dates: 10 November 2017
Crown Copyright ©
The Hon. Mr Justice Popplewell :
"All the disputes from time to time arising out of this contract shall, unless the parties agree forthwith on a single Arbitrator, be referred to the final Arbitrament of two Arbitrators carrying on business in London who shall be members of the Baltic Exchange and engaged in the Shipping and/or Grain Trades, one to be appointed by each of the parties, with power to such Arbitrators to appoint an Umpire.
The arbitration to be on documents only for claims not exceeding US$100,000 …
Arbitration in London in accordance with LMAA terms 1997, English Law to apply."
"Please be informed that vessel cannot berth until the egyptian delegation has arrived. Pls take necessary actions accordingly, thanks".
Mr Oosterman's role
"14. Commencement of arbitral proceedings.
(4) Where the arbitrator or arbitrators are to be appointed by the parties, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties notice in writing requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator in respect of that matter.
16. Procedure for appointment of arbitrators.
(4) If the tribunal is to consist of two arbitrators, each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so.
(6) If the tribunal is to consist of two arbitrators and an umpire -
(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so, and
(b) the two so appointed may appoint an umpire at any time after they themselves are appointed and shall do so before any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration
17. Power in case of default to appoint sole arbitrator.
(1) Unless the parties otherwise agree, where each of two parties to an arbitration agreement is to appoint an arbitrator and one party ("the party in default") refuses to do so, or fails to do so within the time specified, the other party, having duly appointed his arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as sole arbitrator.
(2) If the party in default does not within 7 clear days of that notice being given -
(a) make the required appointment, and
(b) notify the other party that he has done so,
the other party may appoint his arbitrator as sole arbitrator whose award shall be binding on both parties as if he had been so appointed by agreement." .
"76. Service of notices etc.
(1) The parties are free to agree on the manner of service of any notice or other document required to be given or served in pursuance of the arbitration agreement or for the purposes of the arbitral proceedings.
(2) If or to the extent that there is no such agreement the following provisions apply.
(3) A notice or other document may be served on a person by any effective means.
(4) If a notice or other document is addressed, pre-paid and delivered by post:
(b) where the addressee is a body corporate, to the body's registered or principal office,
it shall be treated as effectively served."
"The Civil Procedure Rules cater for litigants of all kinds from major corporations represented by the most accomplished firms of solicitors to individuals represented by more modest firms and those who are not represented at all. By contrast arbitrations are usually conducted by businessmen represented by, or with ready access to lawyers. Section 76(3), when providing that a notice could be served upon a person by any effective means was, in my judgment, purposely wide. It contemplates that any means of service will suffice provided that it is a recognised means of communication effective to deliver the document to the party to whom it is sent at his address for the purpose of that means of communication (e.g post, fax, or e-mail). There is no reason why, in this context, delivery of a document by e-mail – a method habitually used by businessmen lawyers and civil servants – should be regarded as essentially different from communication by post, fax or telex."
Are agency principles engaged?