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“Mariana” Thyssen Canada Limited -v- Mariana Maritime S.A. And Another

23rd Feb 2005

[2005] 1 Lloyd’s Rep. 640

Stephen Hofmeyr QC and Gavin Geary – Arbitration – Award – Application to set aside – Cargo damaged by fire in hold – Dispute referred to arbitration – Arbitrators found in favour of shipowners on basis that fire had started accidentally and shipowners had exercised due diligence – Cargo owners challenged award out of time and relied on fresh evidence to allege that crew had given false evidence and that fire had been started deliberately – Whether award should be set aside or remitted as being obtained by fraud or procured contrary to public policy – Whether cargo owners had lost right to object – Whether time for application should be extended – Whether abuse of process – Proper approach to admission of fresh evidence – Arbitration Act, 1996, ss. 68(2)(g), 70(3) and 73.