Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



CONTINENTAL SALES LTD
V.
R. SHIPPING INC

(2012) JELR 40269 (CA)    

Court of Appeal  ·  CA/L/807/2010 ·  26 Apr 2012 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

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respondent
appellant
parties
arbitration
counsel
arbitral proceedings
sole arbitrator
arbitral award
20th november
electronic means
arbitration act
english law
lead judgment
notice of arbitration
principal residence
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arbitral provision
chief executive officer
chief s. c. moore obioha
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e-mail correspondence accords
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federal high court
following provisions
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kano state
leading judgment
london arbitration proceedings
mode of service of arbitration notices
original charter party agreement
own arbitrator
party serves
proper notice of appointment of an arbitrator
registration of the aforesaid arbitral award
said agreement
service of the court processes
service of the said notices
taylor woodrow nig ltd v
time-charter agreement
written addresses of the learned counsel
written notices

HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of Honourable Justice A. O. Ajakaiye of the Federal High Court sitting in Lagos delivered on 12th July 2010. The undisputed facts that led to this appeal are as follows:

The Appellant entered into a time-charter agreement with the Respondent dated the 10th July 2009. The charter provided that the relations between the parties should be determined in accordance with the Laws of England and disputes referred to arbitration in London in accordance with the Arbitration act 1996. By a further agreement dated the 11th August 2009, the Appellant admitted that it was in breach of the charter agreement and acknowledged the lawful termination of the charter and the Respondent's entitlement to recover damages as stipulated in the said agreement. The agreement of 11th August 2009 also incorporated the arbitral provision as contained in the original charter party agreement between the parties. T…

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