MINERMET SPA MILAN v. LUCKYFIELD SHIPPING CORPORATION S.A.

[2004] 2 Lloyd's Rep. 348

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice Cooke

Arbitration - Jurisdiction of arbitrator - Each party to appoint an arbitrator failing which arbitrator appointed to be sole arbitrator - Failure by defendants to appoint arbitrator - Claimants’ arbitrator ruling that he had been appointed as sole arbitrator - Whether arbitrator lacked jurisdiction - Whether proceedings unfair - Whether defendants should have time for appointment extended - Arbitration Act, 1996, ss. 33 and 79.