header-logo header-logo

Arbitration—Appeal—Fresh evidence

25 July 2014
Issue: 7616 / Categories: Case law , Law reports , In Court
printer mail-detail

Central Trading & Exports Ltd v Fioralba Shipping Company [2014] EWHC 2397 (Comm), [2014] All ER (D) 171 (Jul)

Queen’s Bench Division, Commercial Court, Males J, 16 Jul 2014

The court does not have an unfettered discretion to exclude relevant evidence on an application under s 67 of the Arbitration Act 1996 (AA 1996), nor is the only ground upon which it may do so is that the admission of new evidence would cause prejudice to the other side.

Ben Olbourne (instructed by Grier Olubi Solicitors) for the claimant. Robert Bright QC and Charles Holroyd (instructed by Jackson Parton Solicitors) for the defendant.

The claimant had a claim for loss and damage to a cargo of bagged rice carried from Thailand to Nigeria pursuant to five bills of lading on board the defendant’s vessel. The bills were subject to English law, and each contained a London arbitration clause. The claimant claimed that it had become the holder of the bills, and that rights of suit were transferred to it

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll