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With over 150 years in the maritime sector, we can assist you with all aspects of maritime law.

You, Maritime
& Ince, in any case

Equipped with our deep industry knowledge built over a number of years working with stakeholders across the industry, we genuinely understand your business and therefore focus on providing straightforward, practical legal advice tailored to your needs.

Our client base includes many of the world’s leading shipowners, charterers, traders, banks, shipyards and insurers. From shipyard to scrapyard, from factory to receiver, from finance to flotation, we provide the legal services required by the maritime and international trade industries.

We are where you are; with shipping lawyers based in our international offices, including a large team of former mariners, many of whom are located in major ports, shipping or insurance centres, we have the ability and expertise to service your needs wherever they may arise, with significant experience in different jurisdictions and teams which work together seamlessly across time zones.

Dry shipping

We routinely deal with cargo claims, charterparty and bills of lading disputes, and handle all aspects of shipping dispute resolution, from small value claims to high profile, complex, multi-jurisdictional disputes.

Transactions

Our expertise extends to providing legal advice on transactional issues, covering all aspects from commercial contract review of simple and complex contractual relationships, ship sale and purchase, shipbuilding projects, and restructuring.

Financing

Ships are significant capital assets. Whether you are a buyer, builder, operator or financer, you will need expert advice on your rights and liabilities. Our finance lawyers are mainstream shipping lawyers who will provide comprehensive advice on the best strategies, minimising your risk exposure during transactions and achieving the best result for your business.

Yachts and super yachts

Yachts and super yachts are valuable assets which are subject to changing laws and regulations. It is essential that you have someone to help who understands your goals, and protects your interests at every stage of ownership. We advise yacht owners, brokers and some of the world’s largest yacht manufacturers.

Ports

Ports play a crucial role in global trade, both in developed and in emerging and frontier markets and our team advises clients including global port and terminal operators, shipping lines, oil & gas contractors, construction companies, underwriters and banks around the world.

Offshore oil & gas

We also represent the leading providers of marine services. Our expertise extends to the full range of available offshore services, including supply and safety vessels, anchor handlers and dive support, pipe-lay and bury barges, heavy lift and derrick barges.

Admiralty

If the worst case scenario becomes a reality, and your ship runs aground in a remote location or collides or finds itself in trouble in a hostile environment, you will need fast, expert legal advice, and practical guidance for dealing with investigations, witnesses, crews and their families, evidence preservation and the media.

We have a highly trained team of ex-mariners across the world, bringing a wealth of practical, technical and commercial knowledge to every crisis. Having been at sea themselves and having been involved with most of the major casualties, they understand the pressures and realities of reacting to the unexpected.

Personal Injury (Defendant)

Our breadth of expertise in handling defendant personal injury cases extends across the marine industry with instructions from owners, operators and liability underwriters of marine craft including yachts / superyachts, container vessels, passenger and cruise ships, offshore installations, tugs and supply vessels, and bulk carriers.

We have particular expertise defending cases involving fatalities, brain and spinal injury, as well as legionella and norovirus outbreaks. We are also instructed in occupational disease claims including asbestos-related injury. The firm's reputation for handling high profile casualties has inevitably led to Ince advising in highly sensitive cases involving both injury and death. We work closely with specialist Counsel and medical experts to provide the highest level of service and most cost-effective advice.

Piracy/pollution

The ongoing threat of piracy and hijackings continue to generate much concern in the industry. We can help you with all aspects of piracy incidents - the legal and practical aspects of responding to a hijacking, release of vessels, insurance and minimising the risk of such incidents reoccurring.

If oil leaks from your ship and pollutes pristine beaches or marine life, the consequences can be very serious. The incident needs to be managed effectively, or it can spell disaster for everyone involved. 

Emergency Response

Our 24 hour emergency response hotline ensures that you can contact us to obtain focused advice at any time, 365 days of the year: +44 (0)20 7283 6999.

Download our brochures to find out more.

Ince admiralty and casualty response

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News & insights on Maritime

News / Court considers scope of charterparty provision restricting deductions from hire

30-01-2023 / Maritime, Yachts & Superyachts

The Court recently considered the following question: “Where a charterparty clause provides that no deductions from hire (including for off-hire or alleged off-hire) may be made without the shipowner’s consent: is non-payment of hire a ‘deduction’ if the Vessel is off hire at the instalment date?”

Court considers scope of charterparty provision restricting deductions from hire

News / Court confirms applicable package limit when cargo interests have to pay salvage

23-01-2023 / Maritime

Court confirms applicable package limit when cargo interests have to pay salvage Trafigura Pte Ltd v. TKK Shipping Pte Ltd (Thor Lineage) [2023] EWHC 26 (Comm)

Court confirms applicable package limit when cargo interests have to pay salvage

Insights / The Third Party Litigation Funding Law Review Sixth Edition Contribution from UAE Partners

09-01-2023 / Maritime

We are delighted to share that Mohamed El Hawawy, Joint Managing Partner, and Natalie Jensen, Partner, from our Dubai office, have contributed the UAE chapter to the recently published Sixth Edition of the Third Party Litigation Funding Law Review.

The Third Party Litigation Funding Law Review Sixth Edition Contribution from UAE Partners

News / Court declines anti-enforcement injunction in charterparty dispute

19-12-2022 / Maritime

In a charterparty dispute, the Court has declined to grant an anti-enforcement injunction in respect of foreign proceedings because it found that there was no binding arbitration agreement between the parties. The decision also highlights that delay can be a bar to the grant of an anti-suit injunction. Read Peter McNamee and Reema Shour’s article for an analysis of the Court’s conclusions.

Court declines anti-enforcement injunction in charterparty dispute

News / BIMCO publishes CII Operations Clause for Time Charterparties

15-12-2022 / Maritime

On 17 November 2022, BIMCO published a CII Operations Clause for Time Charterparties that is aimed at assisting owners and charterers in complying with carbon intensity regulations recently introduced by the IMO and that come into force on 1 January 2023. In their article, Chris Kidd and Akshay Misra summarise the CII rating system and discuss the BIMCO Clause.

BIMCO publishes CII Operations Clause for Time Charterparties

News / Court of Appeal finds arbitration agreement ‘subject’ to charterparty being concluded

12-12-2022 / Maritime

The Court of Appeal has held that a proposed charterparty which was expressly stated to be ‘subject shippers/receivers approval’ did not contain a binding arbitration agreement conferring jurisdiction on the Tribunal to determine whether the charterparty had been properly concluded.

Court of Appeal finds arbitration agreement ‘subject’ to charterparty being concluded

Insights / An update on the decarbonisation of shipping: COP27 and looking ahead to MEPC 79

09-12-2022 / Maritime

With COP 27 having concluded and the IMO's Intersessional Working Group on the Reduction of GHG Emissions from Ships setting the scene for the upcoming MEPC 79, this article considers the latest updates in shipping's decarbonisation journey and what is on the horizon.

An update on the decarbonisation of shipping: COP27 and looking ahead to MEPC 79

News / International Maritime Organisation grants ZESTAs provisional Consultative Status

08-12-2022 / Energy & Infrastructure, Maritime

Ince is proud to share that ZESTAs has been granted International Maritime Organisation (IMO) provisional Consultative Status by the IMO Council.

International Maritime Organisation grants ZESTAs provisional Consultative Status

News / Ince celebrates one year since Scotland office opening

23-11-2022 / Insurance, Maritime, Real Estate

We are pleased to be celebrating one year since opening our first Scottish office in the city of Glasgow.  Stefanie Johnston, dual-qualified Partner and Head of Scotland, has worked tirelessly over the last year to develop our offering through the opening of an Ince office in what is arguably an established Scottish market. Starting from the ground up, Stefanie and her team have successfully gained an admirable reputation in the region and further afield in the maritime, insurance, real estate and regulatory sectors. 

Ince celebrates one year since Scotland office opening

News / Shipping E-brief November 2022

17-11-2022 / Maritime

The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.

Shipping E-brief November 2022

News / Appeals from arbitration: is reform required?

15-11-2022 / Maritime

In September 2022, the UK Law Commission published a consultation paper with provisional recommendations for updating the Arbitration Act 1996 (the Act 1996). Amongst other things, the Law Commission considered whether any changes need to be made to: (i) s.67 of the Act 1996, which deals with jurisdictional challenges to arbitral awards; and (ii) s.69 of the Act 1996, which deals with appeals on points of law.

Appeals from arbitration: is reform required?

News / Owners not in breach of charter and entitled to claim demurrage

09-11-2022 / Maritime

CM P-MAX III Limited v. Petroleos Del Norte SA (MT Stena Primorsk) [2022] EWHC 2147 (Comm) This recent laytime and demurrage dispute demonstrates that an owner can legitimately refuse orders where such orders may jeopardise the safety of a vessel.

Owners not in breach of charter and entitled to claim demurrage

News / Court of Appeal finds owner should have accepted non-contractual performance

09-11-2022 / Maritime

Mur Shipping BV v. RTI Ltd [2022] EWCA Civ 1406 A majority of the Court of Appeal has held that the Owner under a contract of affreightment (COA) should have accepted payment of freight in Euros, rather than the US dollars provided for in the COA. Its refusal to do so meant that the Owner could not rely on the force majeure clause in the COA, in circumstances where US sanctions might have restricted US dollar transfers from or on behalf of the Charterer.

Court of Appeal finds owner should have accepted non-contractual performance

News / “Due” means due!

03-11-2022 / Maritime

Ceto Shipping Corporation v. Savory Inc (Victor 1) [2022] EWHC 2636 (Comm) The Court in this case had to construe a purchase option clause in a bareboat charter. Specifically, it considered whether the fact that the charterer had not fulfilled certain payment obligations under the charter because it was disputing them in good faith meant that the owner was not obliged to transfer title to the vessel at the end of the charter period.

“Due” means due!

News / Court upholds indemnity claims along charterparty chain

01-11-2022 / Maritime

Trafigura Maritime Logistics Pte Ltd v. Clearlake Shipping Pte Ltd (Miracle Hope) [2022] EWHC 2234 (Comm) This cargo misdelivery claim gave rise to various issues under the letters of indemnity (LOIs) that had been given in order to secure delivery of the cargo without presentation of the original bills of lading.

Court upholds indemnity claims along charterparty chain

Insights / The importance of considering termination rights carefully

25-10-2022 / Maritime

The dispute in this case highlights the potential pitfalls involved in validly terminating a contract. In such cases, it is important to consider what rights of termination might be available, whether contractual or at common law or both, and what are the requirements for valid termination in either or both cases.

The importance of considering termination rights carefully

News / Buyer who failed to meet laycan or provide satisfactory LC liable in damages

19-10-2022 / Maritime

Vitol S.A v. JE Energy Ltd [2022] EWHC 2494 (Comm) The Court has upheld a seller’s entitlement to cancel an FOB sale contract where the vessel that was to be procured by the buyer did not arrive at the port by the cancellation date. It also rejected the argument that an amendment of the deadline for shipment in a letter of credit was an amendment of the sale contract of the seller’s obligation to ship by that date. The buyer’s attempt to exit the contract that became financially disadvantageous amounted to a repudiatory breach and it was held liable in damages.

Buyer who failed to meet laycan or provide satisfactory LC liable in damages

News / Court of Appeal dismisses state immunity defence to in rem salvage proceedings

17-10-2022 / Maritime

Argentum Exploration Ltd v. The Silver and all persons claiming to be interested in, and/or have rights in respect of, the silver (SS Tilawa) [2022] EWCA Civ 1318 The Court of Appeal, by a majority, has upheld the Admiralty Court decision that the Republic of South Africa (RSA) was not entitled to assert a claim of state immunity in respect of in rem proceedings brought by salvors concerning a cargo of silver bars recovered from the seabed 75 years after the sinking of the carrying vessel.

Court of Appeal dismisses state immunity defence to in rem salvage proceedings

News / Appointing arbitrators: impartiality and disclosure

07-10-2022 / Maritime

On 22 September 2022, the UK Law Commission published a consultation paper containing proposed law reforms to the Arbitration Act 1996 (the Act). The UK Government asked the Law Commission to review the Act to ensure that it is fit for purpose and that it continues to promote the UK as a leading destination for commercial arbitrations.

Appointing arbitrators: impartiality and disclosure

News / Court finds one year time bar applies to claim for misdelivery after discharge

06-10-2022 / Maritime

FIMBank p.l.c. v. KCH Shipping Co. Ltd (Giant Ace) [2022] EWHC 2400 (Comm) Article III r.6 of the Hague-Visby Rules (the “Rules”) provides that claims against the carrier are time-barred unless suit is brought within 12 months of the date of delivery or the date when the goods should have been delivered. However, does this apply to claims for misdelivery occurring after discharge? This is an important question formerly left unanswered the English Courts which has divided opinions. In an important judgment, the Court has now decided that it does.

Court finds one year time bar applies to claim for misdelivery after discharge

News / The Arbitration Act 1996 – pause for thought, 25+ years on…

30-09-2022 / Maritime

At the request of the UK Government, the Law Commission is reviewing the Arbitration Act 1996 (the “Act”) to establish whether or not it remains fit for purpose.

The Arbitration Act 1996 – pause for thought, 25+ years on…

News / IMO’s Short Term Measure for reducing greenhouse gas emissions: implications for maritime industry

16-09-2022 / Maritime

The committee responsible for addressing environmental issues under the remit of the IMO is the Marine Environment Protection Committee (MEPC). Amongst several of its environmental safeguarding initiatives, the MEPC’s work includes the control of emissions from ships, including greenhouse gas emissions.

IMO’s Short Term Measure for reducing greenhouse gas emissions: implications for  maritime industry

News / Shipping E-brief September 2022

14-09-2022 / Maritime

The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.

Shipping E-brief September 2022

News / UK Government National Strategy for Maritime Security emphasises importance of cyber resilience

13-09-2022 / Maritime

“Our vision is that the UK in 2030 will continue to be a leading responsible and democratic cyber power, able to protect and promote our interests in and through cyberspace in the support of national goals.”

UK Government National Strategy for Maritime Security emphasises importance of cyber resilience

News / Finance charters and events of default

08-09-2022 / Maritime

OCM Maritime Nile LLC & Anor v. Courage Shipping Co Ltd & Others (Courage and Amethyst) [2022] EWCA Civ 1091 This case concerned an alleged Event of Default under a finance bareboat charter and owners’ rights to terminate and raised issues of general importance under bareboat charters.

Finance charters and events of default

News / Court applies traditional good weather method for assessing vessel’s performance

07-09-2022 / Maritime

Eastern Pacific Chartering Inc v. Pola Maritime Ltd (Divinegate) [2022] EWHC 2095 (Comm) The Court has recently dismissed a claim for wrongful arrest in an underperformance dispute and also given helpful guidance as to how speed and performance cases are to be approached.

Court applies traditional good weather method for assessing vessel’s performance

News / Ince Scotland: Acquittal secured in marine prosecution - July 2022

02-09-2022 / Maritime

Dual-Qualified Partner, Stefanie Johnston, led the team from Ince, assisted by Iain Franklin, Senior Associate, following a Scottish instruction to act on behalf of Mr. Steven Davie, who was being prosecuted for alleged breaches of the Merchant Shipping Act 1995 and The International Regulations for Preventing Collisions at Sea 1972 (“COLREGS”). The defence at trial was conducted by David Nicolson, advocate from Compass Chambers. Mr. Davie’s legal team successfully secured his acquittal at Inverness Sheriff Court.

Ince Scotland: Acquittal secured in marine prosecution - July 2022

News / Maritime legal exposure in a post-grain laundering landscape?

02-09-2022 / Maritime

In this article, Ince and Windward jointly consider the new phenomenon of Russian grain laundering, and the legal exposure for the maritime industry.

Maritime legal exposure in a post-grain laundering landscape?

News / Julian Clark and Reema Shour from Ince in London have once again contributed to the International Comparative Legal Guides 2022. 

15-08-2022 / Maritime

The publication provides in-depth analysis of laws and regulations across 34 jurisdictions and features two expert analysis chapters, discussing recognition of electronic trade documents and the maritime industry.

Julian Clark and Reema Shour from Ince in London have once again contributed to the International Comparative Legal Guides 2022. 

News / Thélem’s the breaks: recovering English solicitors’ fees in the Scottish Courts

10-08-2022 / Maritime

Kirkwood v. Thélem Assurances [2022] CSOH 53 A recent Outer House Opinion has provided welcome clarity on the recovery of English solicitors’ fees in the Scottish Courts.

Thélem’s the breaks: recovering English solicitors’ fees in the Scottish Courts

News / Court finds extra-contractual counterclaims fell within scope of arbitration agreement

02-08-2022 / Maritime

Sea Master Special Maritime Enterprise & another v. Arab Bank (Switzerland) Ltd (Sea Master) [2022] EWHC 1953 (Comm) This bill of lading dispute raised issues as to whether the Bank financing the purchase of a cargo, and the holder of a switch bill of lading for the cargo, was a party to the arbitration agreement incorporated into the switch bill and, if so, whether certain counterclaims brought by the Owners came within the scope of that arbitration agreement. The Court agreed with the tribunal’s findings that, once the Court had decided that the Bank was a party to the arbitration agreement, then the counterclaims for reasonable remuneration and quantum meruit came within the ambit of the arbitration agreement, being claims “arising out of or in connection” with the bill of lading contract.

Court finds extra-contractual counterclaims fell within scope of arbitration agreement

News / Party offered reasonably satisfactory security following collision obliged to accept it

20-07-2022 / Maritime

MV Pacific Pearl Co Ltd v. Osios David Shipping Inc (Panamax Alexander) [2022] EWCA Civ 798 The Court of Appeal has confirmed that a party to ASG 2, the standard form Collision Jurisdiction Agreement, is obliged to accept reasonable security once it is offered and cannot choose to refuse that security and seek alternative or better security by arresting a ship. In such circumstances, there is no right to an arrest or any justification for it.

Party offered reasonably satisfactory security following collision obliged to accept it

News / Rosita Lau, MH calls for China businesses to opt for Hong Kong arbitration in their contracts

15-07-2022 / Maritime

In an interview published this morning (14 July) in The Hong Kong Maritime Hub, Ince Partner Rosita Lau, MH calls for Chinese businesses to opt for Hong Kong arbitration in their contracts, initiative that requires attention of officials from the highest level.

Rosita Lau, MH calls for China businesses to opt for Hong Kong arbitration in their contracts

News / Court finds Covid-19 restrictions did not constitute force majeure under MOA

13-07-2022 / Maritime

NKD Maritime Limited v. Bart Maritime (No 2) Inc (Shagang Giant) [2022] EWHC 1615 (Comm) The Court has construed a force majeure clause and considered whether Buyers validly terminated a contract for the sale of a vessel on the basis that Covid-19 lockdown restrictions prevented Sellers from transferring title in the Vessel. 

Court finds Covid-19 restrictions did not constitute force majeure under MOA

News / Shipping gets smart

20-06-2022 / Maritime

On 25 November 2021, the UK Law Commission published its Advice to the UK Government on how English law currently applies to smart legal contracts. Subsequently, on 16 March 2022, the Law Commission published its report on electronic trade documents, together with draft legislation that would implement its recommendations to allow for the legal recognition of trade documents such as bills of lading and bills of exchange in electronic form.

Shipping gets smart

News / Carrier Under CMR Successful in Limiting Liability for Consignee’s Losses

14-06-2022 / Maritime

Paul Knapfield v. C.A.R.S. Ltd & others [2022] EWHC 1437 (Comm) Disputes under the Carriage of Goods by Road Act 1965, which incorporates the Convention on the Contract for the International Carriage of Goods by Road 1956 (CMR), do not come up very often. This decision is, therefore, useful in illustrating when and how the CMR applies. In this case, the Court found that the CMR limit of liability applied to the claimant’s claim, with the result that his losses far exceeded the amount he could ultimately recover from the carrier.

Carrier Under CMR Successful in Limiting Liability for Consignee’s Losses

News / CONVERSIONCON: An industry first

14-06-2022 / Maritime

BIMCO has recently published CONVERSIONCON, a new standard form contract for conversion projects. The authors of this article were honoured to be part of the drafting team tasked with developing and producing the first industry standard form contract for conversion projects.

CONVERSIONCON: An industry first

News / Taking a closer look at the biggest factors driving the progress of the UAE’s maritime sector

10-06-2022 / Maritime

As we move past the vertex of a U-shaped dip in the global shipping sector caused by supply chain restrictions arising from the COVID-19 pandemic, it is worthwhile to look back at the UAE maritime industry’s growth, lessons learned, and development outlook. Although international maritime trade dropped by 4.1 per cent in 2020, the UAE made significant achievements during this period, ranking third globally in the Bunker Supply Index, and fifth globally as a key competitive maritime hub.

Taking a closer look at the biggest factors driving the progress of the UAE’s maritime sector

News / Court construes scope of indemnity under Mortgagees’ Interest Insurance Policy

06-06-2022 / Insurance, Maritime

Piraeus Bank A.E. v Antares Underwriting Limited and others (The ZouZou) [2022] EWHC 1169 (Comm)

Court construes scope of indemnity under Mortgagees’ Interest Insurance Policy

News / Ince bolsters presence in Greece with seven new hires in Piraeus office

01-06-2022 / Maritime

Ince is growing its Piraeus office with the addition of three shipping litigators, three ship finance experts, and an additional mariner to the admiralty team.

Ince bolsters presence in Greece with seven new hires in Piraeus office

News / Navigating Precautionary Areas: cross carefully!

30-05-2022 / Maritime

Wilforce LLC and Awilco LNG AS v. Ratu Shipping Co SA and Sea Queen Shipping Corporation (Wilforce v. Western Moscow) [2022] EWHC 1190 (Admlty) The Admiralty Court has recently handed down judgment in the case of the collision between the LNG carrier Wilforce and the bulk carrier Western Moscow which took place in the Singapore Straits in May 2019. This case is notably the first collision case to come before the Admiralty Court since the Supreme Court handed down its judgment in the Ever Smart collision case. It is also the first case in which the Court has had to consider responsibility for a collision in a Precautionary Area.

Navigating Precautionary Areas: cross carefully!

News / Partners Rosita Lau and Max Cross recognised as "Litigation Stars" in Benchmark Litigation guide

26-05-2022 / Maritime

We are proud to announce Ince is recognised as a top-tier shipping firm again in the latest edition of the Benchmark Litigation Asia-Pacific 2022 guide. Additionally, partners Rosita Lau and Max Cross are named as “Litigation Stars” in Shipping.

Partners Rosita Lau and Max Cross recognised as "Litigation Stars" in Benchmark Litigation guide

News / Shipping E-brief May 2022

16-05-2022 / Maritime

The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.

Shipping E-brief May 2022

News / Court dismisses appeal from arbitration award that challenged findings of fact

09-05-2022 / Maritime

Laysun Service Co Limited v. Del Monte International GMBH [2022] EWHC 699 (Comm) This was a dispute under a contract of affreightment, in which the arbitral tribunal made an award in the Charterers’ favour. The Owners subsequently appealed, alleging that the tribunal had erred in its findings on issues of law. The Court, however, dismissed the challenge, concluding that the Owners were in fact seeking to impugn the arbitrators’ findings of fact, which were not open for appeal.

Court dismisses appeal from arbitration award that challenged findings of fact

News / The IPCC Report and its impact on shipping

09-05-2022 / Maritime

In April 2022, the Intergovernmental Panel on Climate Change (IPCC) published the Working Group III report on “Mitigation of Climate Change”, the third instalment of the IPCC’s Sixth Assessment Report. This follows the Working Group I report on “The Physical Science Basis” and the Working Group II report on “Impacts, Adaptation and Vulnerability”.

The IPCC Report and its impact on shipping

News / Electronic trade documents: the Law Commission’s recommended reforms

09-05-2022 / Maritime

The Law Commission of England and Wales has now published its final report on electronic trade documents, together with draft legislation for intended presentation to Parliament by May 2022.

Electronic trade documents: the Law Commission’s recommended reforms

News / Court dismisses financing bank’s misdelivery claim for lack of title to sue

04-05-2022 / Maritime

Unicredit Bank AG v. Euronav NV (Sienna) [2022] EWHC 957 (Comm) This was a claim brought by a bank that financed the purchase of a cargo and subsequently sought to recover damages for misdelivery following discharge of the cargo without production of the original bill of lading. The claim failed because, in the circumstances of this case, the bill of lading that had been endorsed to the Bank did not contain or evidence the contract of carriage in respect of the cargo.

Court dismisses financing bank’s misdelivery claim for lack of title to sue

Insights / Court corrects obvious accounting mistake in arbitration award

27-04-2022 / Maritime

In a charterparty dispute, the Court has set aside part of an arbitration award on the grounds that the arbitrator reached a conclusion that was contrary to the common position of the parties, and for which neither party contended, without providing an opportunity for the parties to address him on the issue. In the circumstances, this represented a failure to conduct the proceedings fairly. The decision provides useful guidance on how to proceed where a tribunal makes an obvious mistake in its award but declines to remedy it.

Court corrects obvious accounting mistake in arbitration award

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