Unusual Arbitration Awards

1. Mr. Lambros Hillas - Supporting member LMAA

In M T Caribbean case (Parties - shipowner and charterers), Rider clause 2 stated "Total time to be reversible, including the allowable six (6) hours after notice of readiness tendered for all ports. This applies even when vessel is on demurrage. Six (6) hours' notice of readiness at load and dischargeport(s) to be given by Master to shippers/receivers as soon as the vessel has arrived and is in every respect ready to load or discharge the cargo(es). Laytime to commence at 7:00 AM or upon expiry of 6 hours' notice which occurs later".

The rider clause clearly provided two options for laytime commencment once the vessel had arrived AND tendered NOR namely; (a) Expiry of six hours from NOR time and (b) 7 am whichever is later. Vessel arrived at Discharge port Kandla at 10.30 Am on 11th June 2017 and tendered NOR at 11 Am on 11th June 2017 (Pls see RL 7 at page 23 of Charter party and Exhibits submitted by Claimant Regency Legal. Six hours from NOR expired at 1700 Hrs on 11th June and 7 Am expired on the next day on 12th june 2017 and giving natural meaning to the words, laytime should have commenced from 7 am on12th June, however arbitrator Mr. Lambros Hillas held that laytime commenced from expiry of six hours on the same day of vessel arrival i.e. 1700 Hrs on 11th June, it being later than 7 am of same day. Please see Para 22 at Page 8 of Judgement M T Caribbean judgement

Considering 7 am on the day of arrival of vessel on 11th June, as one of the options of laytime commencement was improper because the vessel was in high seas and had not arrived at discharge port Kandla until at 10.30 AM of same day i.e. 11th June, and in contravention to law laid down by English Courts, which requires ship to be an arrived ship as one of the conditions for commencement of laytime. Neverthless the arbitrator considered 7 am of 11th June as one of the possible options for commencement of laytime, against principles of shipping law laid down by English courts and deliberately ruled in favour of owners.

When the same question was Secretly and Independently put before Mr. John Schofield (Reputed Author of Laytime & Demurrage and Full Time Member at LMAA) - he arrived at natural conclusion as per English Law i.e. that laytime should commence at 7 AM on 12th June i.e. the next day of vessel arrival. Please see Mr. John Schofields opinion in this link here. Please also see the opinion of Mr Wolfgang Busch here, who also arrived at the same conclusion as Mr. John Schofield. The interpretation of Rider clause 2, by Mr John Schofield and Wolfgang Busch was the same as charterers counsel Laytime Doctors and in line with the principles of English Law.

M T Carribean judgement was decided as per London small claim procedure, which cant be appealed, as has been claimed by LMAA, taking advantage of which arbitrator Mr. Lambros Hillas, delibrately gave a decision against Established Shipping law by Highest courts in England.

Link to M T Caribbean SOF and charter party terms and enclosures submitted by claimant shipowners can be found here

The arbitrator Mr. Lambros Hillas was appointed by President LMAA Mr. Ian Gaunt as a sole arbitrator and charterers counsel had got to know about the unusual outcome / award beforehand. Please refer to the corrsepondence between charterers Representative and LMAA arbitrator Lambros Hillas / Owners counsel in the link Evidence of Managed Award of M T Caribbean Orchid.

2. Mrs Daniella Horton : Supporting Member at LMAA.

She along with Ms Clare Ambrose (Full Time LMAA member) made a false statement during the course of proceedings in M T Ariana case and complaint was made to President LMAA and other authorities in England to reconstitute the tribunal but LMAA President Mr. Ian Gaunt appeared helpless to do anything about it.

The judgment of M T Ariana along with claimants / respondents submission will be uploaded soon and additionally courierered to leading maritime lawyers / arbitrators / Judges, in world for their view whether it was usual or unusual and against english law.

3. Ms Clare Ambrose : Full Time member at LMAA

Full Time LMAA member (Details of her unfair award in M T Ariana will be published soon)

4. Mr Brian Williamson : Full Time member at LMAA

Full Time LMAA Member (Details of his Unfair / Unenglish award in M T Lady Sina under LMAA small claim procedure has already been uploaded on the site under section M T Lady Sina.)

5. Mr. Ian Gaunt : Full Time member at LMAA

He deliberately appointed Mr. Lambros Hilas in MT Caribbean and Mr Brian Williamson in M T Lady Sina (both fought under small claim procedure, which does not allow appeal) and appears to have given Instruction to them to penalise charterers KVG Global Hong Kong Ltd., as counsel for Charterers had made a complaint against the conduct of Ms. Clare Ambros & Ms Daniella Horton in M T Ariana Case to regulatory authorities in England. Luckily M T Ariana case was fought under Normal LMAA procedure (which could be appealed) so the cheating in M T Ariana case was done in slightly different way by Ms Clare Ambrose & Ms Daniella Horton.