Limited public-policy review preserves maritime arbitral awards where untimely bias challenges and unjustified termination fail.
International commercial arbitral awards are subject to limited public-policy review, and patent illegality is unavailable. Prior service by arbitrators in related specialised maritime proceedings does not itself create justifiable doubts about independence or impartiality without material indicating closed-mindedness, partiality, or lack of objective judgment. A known challenge to an arbitrator's appointment must be raised within the prescribed period or is waived. Clause 62, read with the agreement and its force-majeure mechanism, does not permit a charterer to terminate for its own failure to issue shipment nominations. Damages based on the contractual-versus-spot freight differential for affected tonnage, after mitigation notice, and interest are sustainable where they rationally measure contractual loss.
Issues: (i) Whether the arbitrators were disqualified on account of prior service in a related maritime arbitration and inadequate disclosure; (ii) Whether Clause 62 of the Contract of Affreightment permitted unilateral termination for non-issuance of shipment nominations; (iii) Whether the award of damages and interest was sustainable.
Issue (i): Whether the arbitrators were disqualified on account of prior service in a related maritime arbitration and inadequate disclosure.
Analysis: The award arose from an international commercial arbitration, for which review under Section 34 is confined to the limited public-policy grounds; patent illegality is unavailable. Section 12 and Item 24 of the Fifth Schedule identify circumstances capable of giving rise to justifiable doubts as to independence or impartiality, while Explanation 3 recognises that maritime arbitrations may draw from a small pool of specialised arbitrators. The applicable maritime rules and Section 13 required a challenge within fifteen days. The appellant had knowledge of the arbitrators' participation in the related arbitration but did not raise its challenge within the prescribed period, resulting in waiver. Prior adjudication of a similar contractual issue, without material showing a closed mind, partiality, or lack of objective judgment, did not establish disqualification.
Conclusion: The arbitrators were not disqualified, and the award was not vitiated by conflict of interest or any deficiency in disclosure.
Issue (ii): Whether Clause 62 of the Contract of Affreightment permitted unilateral termination for non-issuance of shipment nominations.
Analysis: Clause 62 was required to be read with the agreement as a whole and alongside the force-majeure mechanism in Clause 61. The clause addressed a supplier's failure or inability to supply cargo, resulting in frustration of performance; it did not authorise termination because of the charterer's own failure to issue shipment nominations. The force-majeure provision was not invoked. The proposed construction would permit a party to benefit from its own breach and would undermine the binding shipment obligations under the contract.
Conclusion: Clause 62 did not permit unilateral termination for the appellant's own non-performance, and the termination was unjustified.
Issue (iii): Whether the award of damages and interest was sustainable.
Analysis: The damages calculation adopted the difference between the contractual freight rate and the relevant spot rate, applied to the affected tonnage, after notice of mitigation. This was a rational measure of contractual loss. The assessment did not violate the restricted public-policy standard applicable to review of an international commercial arbitral award, and the interest award was also within the arbitral determination.
Conclusion: The award of damages and interest was sustained.
Final Conclusion: The limited public-policy review furnished no basis to disturb the arbitral determination on liability, compensation, or interest.
Ratio Decidendi: Prior service by arbitrators in a related specialised arbitration does not, without material establishing a real likelihood of closed-mindedness or partiality, create justifiable doubts as to their independence or impartiality; an objection to their appointment must also be raised within the prescribed period.