[2025] EWHC 2126 (Comm)

There are two applications before the Court arising out of the Claimant charterer’s (“Charterers”) challenge to an arbitration award, made by David Martin-Clark dated 9 July 2024 (the “Award”), brought by a claim form dated 6 August 2024 (the “Claim Form”).

By the Claim Form Charterers seek to challenge the Award under s.72(2)(a) of the Arbitration Act 1996 (the “1996 Act”), which, read in context of the whole section, provides as follows:

“(1)

A person alleged to be a party to arbitral proceedings but who takes no part in the proceedings may question—

(a)

whether there is a valid arbitration agreement,

(b)

whether the tribunal is properly constituted, or

(c)

what matters have been submitted to arbitration in accordance with the arbitration agreement,

by proceedings in the court for a declaration or injunction or other appropriate relief.

(2)

He also has the same right as a party to the arbitral proceedings to challenge an award—

(a)

by an application under section 67 on the ground of lack of substantive jurisdiction in relation to him, or

(b)

by an application under section 68 on the ground of serious irregularity (within the meaning of that section) affecting him;

and section 70(2) (duty to exhaust arbitral procedures) does not apply in his case.”

Section 70(3) of the 1996 Act provides that any application or appeal against an award must be brought within 28 days of the date of the award. (Footnote: ¹) Here, the Claim Form was filed on 6 August 2024, i.e. on the twenty-eighth day following the making of the Award and so within time.

The first application is an application by Charterers dated 16 January 2025 (the “Amendment Application”) for permission to amend the Claim Form to introduce allegations of fraud, as outlined in the draft Amended Claim Form served with the Application.

The second is the Respondent owners’ (“Owners”) strike-out application (or, in the alternative, for reverse summary judgment) (the “Strike-Out Application”), made by Owners on 20 September 2024 pursuant to section O.8.6 of the Commercial Court Guide 2022.

I heard oral argument from Andrew Bowen KC (who appears for Charterers) and James Lamming (who appears for Owners) on the Amendment Application when the two applications came before me for hearing on 27 June 2025. I refused that application, giving short reasons for so doing on the day and reserving judgment. Time did not permit for oral argument on the Strike-Out Application, but the parties agreed that I should determine that application on the papers as the rules provide, and subsequently I gave permission for Charterers to file and serve a revised consolidated skeleton argument setting out their further submissions in response, which they did on 9 July 2025. A short skeleton argument in reply was filed by Owners on 11 July 2025.

This is my judgment on the two applications.