We obtained a partial award in an LCIA arbitration in London.
The award relates to our client’s claim for conversion of a cargo of oil and the costs of the various interim measures obtained by our client in the Commercial Court in London in order to prevent the conversion. Our client succeeded on both claims, which were awarded to it in full.
By making this partial award, the Tribunal disposed of the main issues in dispute between the parties. The Tribunal was of the view that disclosure, witness evidence and an oral hearing were not required for its ruling.
It is sometimes considered as a disadvantage of arbitration that resolution of all disputes as to the merits of the parties’ claims, even the simplest ones, is often left until the conclusion of proceedings. This may lead to a repetition of “dead” arguments, witness testimony on issues which can be resolved on the basis of documents alone and excessive legal fees.
It is, in our view, commendable when arbitral tribunals break out of this pattern to render partial awards on issues which are clear from the start. When issues are clear, awards should be rendered promptly. This is what partial awards are for. Where tribunals have the courage to determine simple matters by way of partial awards, it saves time and resources and generally improves the image of arbitration as the most effective means to resolve international disputes.
In the LCIA arbitration discussed here, the arbitrators were Helen Davies QC, David Owen QC and Sir David Steel, the Claimant, the winning party, was represented by Fortior Law and the Respondents were represented by Stephenson Harwood.
If you want to learn more about our international arbitration practice please contact us at [email protected] or reach out to your usual contact at Fortior.
Fortior Law (www.fortiorlaw.com) is a boutique practice in Geneva, Switzerland, specialising in international dispute resolution in the fields of international trade, shipping and finance.