No contracts or commitments. 3 K.B. RE AN ARBITRATION between POLEMIS and FURNESS, WITHY & co. Court of Appeal [1921] 3 K.B. •Suicide: Emotional Distress: (28p) 4 In re an Arbitration Between Polemis and Another and Furness – move benzene /w sling shot (28p) (All Consequence Rule) Stevedores, for whose conduct the defendants were responsible, were moving benzine from one hold to another by means of a sling. Written and curated by real There are numerous advantages to arbitration as a way to resolve a case. 28 ——– Page No. 40. (1) The court may order that the dispute between parties to an arbitration agreement be determined by way of interpleader proceedings for the relief of any person desiring so to interplead. 40 Claim by owners against charterers in respect of destruction of ship This was a dispute between the charterers and owners of a ship which was [1921]. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. . We use cookies to distinguish you from other users and to provide you with a better experience on our websites. The American Arbitration Association alone estimates that it handles more than 2 million arbitrations each year, and hundreds of thousands more are conducted by other groups and individuals. Quimbee might not work properly for you until you. . . However, due to the rigidity and high cost involved in the litigation process, there are instances when parties go to arbitration. Become a member and get unlimited access to our massive library of 3. The defendants claimed that the damages were too remote to be foreseeable and thus that the defendants were not the proximate cause of the damages. 940; 27 Com.Cas. The Court of Appeal held that a defendant can be held liable for all consequences flowing from the wrongful conduct regardless of … The parties to the dispute usually agree on the arbitrator, so the arbitrator will be someone that both sides have confidence will be impartial and fair. once the act is negligent, the fact that its exact operation was not foreseen is immaterial. Classifications Of Arbitration. is omitted. [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. If reasonably foreseen that an act may cause harm, tortfeasor is liable for damages, regardless of whether type and extent of damages are reasonably foreseeable. To determine whether an act is negligent, it is relevant to determine whether any reasonable person would foresee that the act would cause damage; if he would not, the act is not negligent. In arbitration, the panel finds that the spark was not a foreseeable consequence of the barrel falling, although some damages might be expected. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd. Court of Appeal, [1921] 3 K.B. •Suicide: Emotional Distress: (28p) 4 In re an Arbitration Between Polemis and Another and Furness – move benzene /w sling shot (28p) (All Consequence Rule) Processes & Steps Explained - Stewarts If the damage is a direct result of negligence, the foreseeability of the person whose negligent act produced the damage is irrelevant. > In re Arbitration Between Polemis and Furness, Withy & Co., Ltd. 3 K.B. Challenging pre-arbitration chargebacks is costly, and the merchants who try are rarely successful. You can access the new platform at https://opencasebook.org. You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. This was to be settled by an arbitrator, but Furness claimed that the damages were too remote and this issue was appealed. Under these circumstances I consider that it is immaterial that the causing of the spark by the falling of the plank could not have been reasonably anticipated. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from What Is International Arbitration? Read our student testimonials. This means you can view content but cannot create content. Subject to the court's opinion on the law, the arbitrators decided that the owners were entitled to recover the full loss from the charterers. Facts: The plaintiffs’ boat was destroyed and they sued the defendants for the entire value of the boat. CASE BRIEF WORKSHEET Title of Case: In re Arbitration Between Polemis and Furness, Withy & Co., Ltd., C of A 1921 Facts (relevant; if any changed, the holding would be affected; used by the court to make its decision; what happened before the lawsuit was filed): the respondents chartered their vessel to the appellants. 560. Case Summary for In re an Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. 3 K.B. _____ 12 Joseph Constantine v. Imperial Smelting Co, [1942] A.C. 154 _____ 21 Kofus v. The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. 560, [1921] All E.R. We’re not just a study aid for law students; we’re the study aid for law students. Although the case arose in the contract context, none of the three opinions mentions this point, and all rely on tort cases in their analyses.]. arbitration should be subject to the procedural laws of another State, possibly even subject to the oversight of courts in another State. If you logged out from your Quimbee account, please login and try again. With the increasing globalization of trade and business after WW II, there was a need for an arbitration process that could work between companies in different countries. Polemis sued the defendants for the damages. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. [1921]. Torts • Add Comment-8″?> faultCode 403 faultString Incorrect username or password. Cancel anytime. ). This Polemis Business - Volume 4 Issue 2 - Arnold D. McNair. Plaintiff chartered a ship to defendant (a company). Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. The defendants used it to ship a cargo of gasoline, some of which leaked in the ship’s hold. A spark struck by the falling plank ignited flammable fumes in the hold, causing the ship’s destruction in the ensuing explosion and fire. In re an Arbitration between Polemis and Another Overseas Tankship v. Morts Dock (The Wagon Mound) Doe v. Manheimer Palsgraf v. Long Island Railroad Defenses: Contributory and comparative negligence; avoidable consequences 23. 560. Get In Re Polemis, 3 K.B. [The concurring opinion of WARRINGTON, L.J. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. Separate discussion ) or use a different web browser like Google Chrome or Safari Polemis! Different web browser like Google Chrome or Safari bring the parties mutually to decide the case in re arbitration between polemis and another forms of dispute. 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