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Heading
Case No.: LM-2025-000013
AND IN THE MATTER OF THE ARBITRATION ACT 1996
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Before:
HIS HONOUR JUDGE BAUMGARTNER
SITTING AS A JUDGE OF THE HIGH COURT
Between:
A&N SEAWAYS AND PROJECTS PVT LIMITED | ||
Claimant | ||
- and - | ||
ALLIANZ BULK CARRIERS DMCC | ||
Respondent | ||
THE MV “BHARADWAJ” | ||
Andrew Bowen KC (instructed by Lawsmith Solicitors) for the Claimant
James Lamming (instructed by MFB Solicitors) for the Respondent
Hearing date: 27 June 2025
Further written submissions: 9 July 2025; 11 July 2025
Approved Judgment
This judgment will be handed down by the Judge remotely by circulation to the parties’
representatives by email and release to The National Archives. The date and time for hand down is deemed to be 10.30am on 13 August 2025.
- Heading
- HIS HONOUR JUDGE BAUMGARTNER
- The Award
- The Claim
- Procedural history
- Amendment Application
- Amendment Application
- First, the claim form as issued within 28 days must be capable of standing on its own as a “ complete, particularised statement of the case to be advanced ”: See section O3.2 of the Commercial Court G
- Second, it must be the claimant’s whole case, not merely a part thereof or a placeholder. The parties are entitled to know the specific grounds which are to be advanced in challenge to an arbitration
- Fourth, any allegations of fraud must be pleaded squarely and fairly, not in a mealy-mouthed way. This is not a requirement specific to arbitration claims but applies more widely: see Three Rivers Dis
- Discussion and analysis
- Defective, as showing no ground on which fraud can be inferred
- Discussion and analysis
- No real prospect of success
- Discussion and analysis
- Conclusions