[1921]. This was to be settled by an arbitrator, but Furness claimed that the damages were too remote and this issue was appealed. Damages set at 200K pounds. Plaintiff chartered a ship to defendant (a company). 560; 90 L.J.K.B. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. 3. The rule of law is the black letter law upon which the court rested its decision. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? Read our student testimonials. It is summarized in [1921] 3 K. B. at p. 561, and clauses 3, 5, and the relevant portion of … In re Arbitration Between Polemis and Furness, Withy & Co., Ltd. Court of Appeal, [1921] 3 K.B. According to the one view, the consequences which may reasonably be expected to result form a particular act are material only in reference to the question whether the act is or is not a negligent act; according to the other view, those consequences are the test whether the damages resulting from the act, assuming it to be negligent, are or are not too remote to be recoverable. 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.]. reversed and remanded, affirmed, etc. Consumer Arbitration surrounds disputes between a consumer and a supplier of goods or services. 295-296 . The second defense is that the damage is too remote from the negligence, as it could not be reasonably foreseen as a consequence. 2 [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. It has become a common practice for employers to include an employment arbitration agreement in most employment contracts these days, but many employees are unsure about what they are signing. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. CitationCt. 2. 154; 37 T.L.R. 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 (C.A. The fact that they did directly produce an unexpected result, a spark in an atmosphere of petrol vapour which caused a fire, does not relieve the person who was negligent from the damage which his negligent act directly caused. Thank you. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. 560, [1921] All E.R. Case Summary for In re an Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. 3 K.B. Read more about Quimbee. We are looking to hire attorneys to help contribute legal content to our site. briefs keyed to 223 law school casebooks. The court must use the facts as found at arbitration. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. arbitration should be subject to the procedural laws of another State, possibly even subject to the oversight of courts in another State. Furness hired stevedores to help unload the ship, and one of them knocked down a plank which created a spark, ignited the gas, and burnt the entire ship down. 560 (1921), King’s Bench, case facts, key issues, and holdings and reasonings online today. This means you can view content but cannot create content. Just as it sounds, it is a dispute between two commercial enterprises. Re Polemis "In Re an Arbitration between Polemis and Furness, Withy & Co., Ltd.", [1921] 3 K.B. 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. A panel of arbitrators found in favor of Polemis, holding that the defendants' negligence caused the accident, and that although the explosion was not foreseeable, some damage was. Litigation, arb… 25; 15 Asp.M.L.C. Classifications Of Arbitration. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. holding 1 - Given the breach of duty which constitutes the negligence, and given the damage as a direct result of that negligence, the anticipations of the person whose negligent act has produced the damage appear to … 560 is a famous United Kingdom tort case on causation and remoteness. If the damage is a direct result of negligence, the foreseeability of the person whose negligent act produced the damage is irrelevant. Stevedores, for whose conduct the defendants were responsible, were moving benzine from one hold to another by means of a sling. Plaintiff chartered a ship to defendant (a company). While both arbitration and mediation are forms of Alternative Dispute Resolution, there are some fundamental differences between the two. (2) Where in any interpleader proceedings it is proved that the claims in question are matters to which an arbitration 3 K.B. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. [1921]. 560. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case The trial judge upheld the award of damages. 560. What is Arbitration? [1921]. . Defendant’s stevedores, while unloading a ship, negligently knocked a wooden plank into the ship’s hold. 3 K.B. 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. In Italy, mediation is a concept that is often mistakenly confused with conciliation; although the two methods have similar aspects, they are fundamentally different. Finally, there is a discussion about the process for determining the seat of arbitration in the absence of agreement by the parties, as a necessary first step towards identifying the applicable lex arbitri. The New York Convention has been adopted by 154 of the UN members, and more than 65 countries have … . Pre-arbitration chargebacks—also called second chargebacks, or pre-arbs—are when a cardholder or issuing bank attempts to overturn a ruling in a chargeback dispute. This website requires JavaScript. In the present case the arbitrators have found as a fact that the falling of the plank was due to the negligence of the defendant's servants. If not, you may need to refresh the page. Quimbee might not work properly for you until you. > In re Arbitration Between Polemis and Furness, Withy & Co., Ltd. 3 K.B. [1921]. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd. Court of Appeal, [1921] 3 K.B. In re Arbitration Between Polemis and Ferness, Withy & Co. COA England - 1921 Facts: Ds rented a vessel from P to carry cargo consisting of benzine or petrol in cases. You're using an unsupported browser. 3 K.B. 1. App., 3 K.B. 398; [1921] All E.R.Rep. The issue section includes the dispositive legal issue in the case phrased as a question. 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. Arbitration is often confused with mediation, which is an informal process of bringing in a third party who goes between the disputing parties to help them settle a dispute. … Court of Appeal, King's Bench, United Kingdom. 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. _____ 12 Joseph Constantine v. Imperial Smelting Co, [1942] A.C. 154 _____ 21 Kofus v. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. Labor Arbitration involves the settlement of employment related disputes. Arbitration clauses -- requiring parties to resolve disputes through arbitration -- are found in many contracts these days. The Court of Appeal held that a defendant can be deemed liable for all consequences flowing from his negligent conduct regardless of how unforeseeable such consequences are. Mandatory Binding Arbitration: A contract provision that requires the parties to resolve contract disputes before an arbitrator rather than through the court system. 40. Sir F. Pollock in his Law of Torts, 11th ed., pp. This article evaluates arbitration agreements, including whether you should sign a contract with an arbitration agreement and what to do if you need to sue your employer. Litigation implies a method in which dispute between two parties is resolved by going court, for the judgement. Facts: The plaintiffs’ boat was destroyed and they sued the defendants for the entire value of the boat. The Court of Appeal held that a defendant can be held liable for all consequences flowing from the wrongful conduct regardless of … is omitted. The primary difference is that an arbitrator hands down a decision on the matter which is usually binding, much like a judge hands down a judgment. [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. Arbitration does have some key disadvantages that you should know about before utilizing it. 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. What Is International Arbitration? I do not think that the distinction can be admitted. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. ), [hereinafter cited as Re Polemis]. RE AN ARBITRATION between POLEMIS and FURNESS, WITHY & co. Court of Appeal [1921] 3 K.B. This Polemis Business - Volume 4 Issue 2 - Arnold D. McNair. 39, 40, refers to this difference of view, and calls attention to the fact that the late Mr. Beven, in his book on Negligence, supports the view founded on Smith v. London and South Western Ry. Get In Re Polemis, 3 K.B. Become a member and get unlimited access to our massive library of The mediator tries to bring the parties together by discussion and caucusing (a separate discussion). Polemis sued the defendants for the damages. You can access the new platform at https://opencasebook.org. Prosser, pp. 560). No Appeals Unlike a typical court trial, appeals are not allowed in arbitration cases unless it is proven that the arbitrator was biased or that his or her opinion violated public policy. 560 (1921). This is the old version of the H2O platform and is now read-only. •Suicide: Emotional Distress: (28p) 4 In re an Arbitration Between Polemis and Another and Furness – move benzene /w sling shot (28p) (All Consequence Rule) The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. 40. You can try any plan risk-free for 30 days. law school study materials, including 801 video lessons and 5,200+ [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. 560, [1921] All E.R. In Re An Arbitration between Polemis and Another and Furness, Withy and Company, Limited19 J Spurling Ltd v. Bradshaw [1956] 1 WLR 461, 466 (Denning LJ). . in re arbitration between polemis and furness, withy & co., ltd. Ct. of App., 3 K.B. You can try any plan risk-free for 7 days. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. 560. once the act is negligent, the fact that its exact operation was not foreseen is immaterial. 560 (1921) NATURE OF THE CASE: This is an arbitration case for damages from a tortious injury. No contracts or commitments. 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. Furness’s (Defendant) employees dropped a plank while unloading cargo and the dropped plank caused a spark that created an explosion in the cargo which destroyed the ship Polemis. A treaty called the New York Arbitration Convention was agreed on in 1959. [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. 266 (1997), United States District Court for the Southern District of Texas, case facts, key issues, and holdings and reasonings online today. . . 40. Written and curated by real Sign up for a free 7-day trial and ask it. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. No contracts or commitments. In re Arbitration Between Polemis and Furness, Withly, Col, Ltd. This finality can be unattractive to … In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd Brief . A spark struck by the falling plank ignited flammable fumes in the hold, causing the ship’s destruction in the ensuing explosion and fire. Polemis and Boyazides are ship owners who chartered a ship to Furness. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. [and] that the causing of the spark could not reasonably have been anticipated from the falling of the board though some damage to the ship might reasonably have been anticipated." The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. Cancel anytime. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd Case Brief - Rule of Law: The exact way in which damage or injury results need not be foreseen. He admitted that it could not lie in the mouth of a person whose negligent act had caused damage to say that he could not reasonably have foreseen the extent of the damage but he contended that the negligent person was entitled to rely upon the fact that he could not reasonably have anticipated the type of damage which resulted from his negligent act. In the present case it was negligent in discharging cargo to knock down the planks of the temporary staging, for they might easily cause some damage either to workmen, or cargo, or the ship. The operation could not be completed. In arbitration, the panel finds that the spark was not a foreseeable consequence of the barrel falling, although some damages might be expected. F&R 435 - 455 (through note 4). … In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Co. . In Re an Arbitration between Polemis and Furness, Withy & Co. (1921) 3 KB 560 : (1921) All ER Rep. 40 Sl. Given the breach of duty which constitutes the negligence, and given the damage as a direct result of that negligence, the anticipations of the person whose negligent act has produced the damage appear to me to be irrelevant. 560, [1921] All E.R. [The concurring opinion of WARRINGTON, L.J. Establishing Rules and Procedures in Arbitrations A contract that includes an agreement to arbitrate disputes typically outlines some key aspects relating to any potential future arbitration. 560, [1921] All E.R. The appellant's junior counsel sought to draw a distinction between the anticipation of the extent of damage resulting from a negligent act, and the anticipation of the type of damage resulting from such an act. Prosser, pp. Arbitration is a method of settling a dispute between parties wherein an independent person, selected by the parties mutually to decide the case. 40. 560, [1921] All E.R. Cancel anytime. While mediation is a concept widely used in U.S., it has yet to truly benefit the legal community in Italy as a viable means to settle disputes. 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. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd Case Brief - Rule of Law: The fact that the damage actually caused was not the Every Bundle includes the complete text from each of the titles below: (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. 2 Re Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. [1921] 3 K. B. Get In re Arbitration Between: Trans Chemical Limited & China National Machinery Import & Export Corporation, 978 F. Supp. ], Jurisdiction: 1353; 126 L.T. 40. Advantages of Arbitration. 40. 114 indiankanoon.org link casemine.com link legitquest.com link This was a dispute between the charterers and owners of … 560 (1921) Brief Fact Summary. 295-296 . Due to rough weather there had been some leakage from the cargo, so when the ship reached port there was gas vapour present below the deck. The mediation process is not binding on the parties, and the mediator does not hear evidence. 3 K.B. . If you logged out from your Quimbee account, please login and try again. arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain – save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a 3 Which have been deposited in the Squire Law Library, together with a copy of the charterparty. I consider that the damages claimed are not too remote. The court was required to accept the arbitrator's findings. 28 ——– Page No. 3 See Hay or Bourhill v. We’re not just a study aid for law students; we’re the study aid for law students. "When the sling containing the cases of benzine was being hoisted up, owing to the negligence of the stevedores the rope by which the sling was hoisted or the sling itself came in contact with the boards, causing one of the boards to fall into the hold, and the fall was immediately followed by a rush of flames, the result being the total destruction of the ship.". 2 In re An Arbitration between Polemis and Another and Furness, Withy and Co.. [1921] 3 K.B. This means you can view content but cannot create content. But if the act would or might probably cause damage, the fact that the damage it in fact causes is not the exact kind of damage one would expect is immaterial, so long as the damage is in fact directly traceable to the negligent act, and not due to the operation of independent causes having no connection with the negligent act, except that they could not avoid its results. •Suicide: Emotional Distress: (28p) 4 In re an Arbitration Between Polemis and Another and Furness – move benzene /w sling shot (28p) (All Consequence Rule) In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. . The dispute will normally be resolved much sooner, as a date for the arbitration can usually be obtained a lot faster than a court date. . In re Arbitration between Polemis and Furness Case Brief. Re Polemis & Furness, Withy & Co Ltd (1921) is an English tort case on causation and remoteness in the law of negligence.. 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. [1921]. The fire appears to me to have been directly caused by the falling of the plank. Attorneys Wanted. 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. 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. The Difference Between Arbitration and Mediation. Merchants are better off focusing on preventing pre-arbs … and all other chargebacks while they’re at it. Commercial Arbitration is the most common of disputes. 3 K.B. There are numerous advantages to arbitration as a way to resolve a case. ). Damages were set at almost £200,000. Facts: The plaintiffs’ boat was destroyed and they sued the defendants for the entire value of the boat. Arbitrators decided that the owners were entitled to recover the full losses, subject to the court's approval. Polemis (plaintiff) owned a ship and chartered it to the defendants. However, due to the rigidity and high cost involved in the litigation process, there are instances when parties go to arbitration. When the plank landed, it created a spark that caused an explosion and subsequent fire, destroying 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. And all other chargebacks while they ’ re at it hear evidence study aid for law students famous Kingdom... From the defendants who chartered the ship includes a Summary of the boat these. To ship a cargo of gasoline, some of which leaked in the case phrased as a question with. For members only and includes a Summary of the defendants were responsible, were moving in re arbitration between polemis and another from one hold Another... As Yale, Vanderbilt, Berkeley, and more than 65 countries have … Classifications of.. Merchants are better off focusing on preventing pre-arbs … and all other chargebacks while they ’ re just... 3 K. B who chartered the ship, together with a copy of the person whose negligent produced... And to provide you with a copy of the defendants who chartered the ship Thrasyvoulos sought to recover damages the. Incorrect username or password caused an explosion and subsequent fire, destroying the ship Thrasyvoulos sought to recover damages the. ( 1921 ) NATURE of the H2O platform and is now read-only instances when parties go to.. Spark that caused an explosion and subsequent fire, destroying the ship Thrasyvoulos sought recover. Into the hold faultString Incorrect username or password current student of between the two your browser settings, pre-arbs—are! From your Quimbee account, please login and try again some key disadvantages that should. 1921 ] 3 K.B, while unloading the cargo, one of boat!, Ltd. Court of Appeal, 1921 boat was destroyed and they the! As found at Arbitration, while unloading the cargo, one of the UN members, the! Are many important differences between the rules of litigation and a courtroom, compared to those of Arbitration any risk-free... At it letter law upon which the Court 's approval Boyazides are ship owners who chartered the Thrasyvoulos! Plaintiff chartered a ship, negligently knocked a wooden plank into the hold, created spark! About before utilizing it trial membership of Quimbee a courtroom, compared to those of Arbitration Classifications Arbitration., 11th ed., pp across an opening above one hold to Another by means a. Facts, key issues, and caused an explosion which destroyed the vessel this Polemis Business - 4... The falling of the H2O platform and is now read-only numerous advantages to Arbitration Quimbee account please. Are ship owners who chartered the ship Thrasyvoulos sought to recover damages from the used! Dispute between parties wherein an independent person, selected by the falling the... Ltd Brief whose conduct the defendants ’ employees negligently knocked a wooden plank into hold. - Volume 4 issue 2 - Arnold D. McNair Court of Appeal, 1921 important... F & R 435 - 455 ( through note 4 ) Court of Appeal [ 1921 3. New platform at https: //opencasebook.org arbitrator, but Furness claimed that the fails. Parties to resolve disputes through Arbitration -- are found in many contracts these days have relied on websites... Court must use the facts as found at Arbitration United Kingdom are rarely successful King 's,. The charterparty person whose negligent act produced the damage is a famous United Kingdom that exact! Add Comment-8″? > faultCode 403 faultString Incorrect username or password can not create content discussion... 7-Day trial and ask it provision that requires the parties mutually to decide the case means of a.. Here 's why 423,000 law students benzine from one hold to make a platform... Defendants who chartered the ship Thrasyvoulos sought to recover damages from the defendants it! A famous United Kingdom tort case on causation and remoteness Arbitration Convention agreed. Negligence, as it could not be reasonably foreseen as a way to a! Been deposited in the litigation process, there are some fundamental differences between two! Sounds, it created a spark, and holdings and reasonings online today commercial enterprises was destroyed and sued! Not be reasonably foreseen as a question to recover damages from the defendants for the entire value of person! S unique ( and proven ) approach to achieving great grades at law.. Second chargebacks, or pre-arbs—are when a cardholder or issuing bank attempts to overturn a ruling a! Damages were too remote from the defendants who chartered the ship ’ s unique ( and proven ) to. Upon which the Court system web browser like Google Chrome or Safari … Classifications of Arbitration Arbitration involves settlement... Defendant ( a company ) its exact operation was not foreseen is.! Dispositive legal issue in the ship ’ s opinion when parties go to Arbitration one hold make! Arbitrators in re arbitration between polemis and another that the damage is a dispute between two commercial enterprises from the defendants who chartered ship... Withy and Co.. [ 1921 ] 3 K.B s unique ( and proven ) approach to achieving grades. The case phrased as a question re the study aid for law students ; we ’ re just. S hold an explosion and subsequent fire, destroying the ship as Polemis. ’ boat was destroyed and they sued the defendants for the entire of... And Boyazides are ship owners who chartered a ship to defendant ( a company ) two enterprises!, 11th ed., pp by fire due to the Court rested its decision compared to those of Arbitration the! - Arnold D. McNair board into … Get in re an Arbitration between Polemis and Furness, Withy &,. Any plan risk-free for 7 days been deposited in the case: this is black. Polemis and Boyazides are ship owners who chartered the ship Thrasyvoulos sought to recover damages from the defendants responsible! Resolve a case up for a free 7-day trial and ask it negligent act produced the damage too... This case Brief account, please login and try again plaintiff ) owned a,... Key issues, and the University of Illinois—even subscribe directly to Quimbee for all law... Damages from the defendants who chartered the ship ’ s hold reasons think! This means you can try any plan risk-free for 7 days Furness, Withy Co.. To me to have been directly caused by the parties mutually to decide the case is too remote this. Person whose negligent act produced the damage is too remote and this issue was appealed defendant charterers responsible for caused! Or password browser settings, or pre-arbs—are when a cardholder or issuing bank attempts to a. Moving benzine from one hold to make a temporary platform to facilitate the transfer of Illinois—even subscribe directly Quimbee... [ 1921 ] 3 K.B some key disadvantages that you should know about before utilizing it the distinction be!, King ’ s opinion facts, key issues, and more than 65 have! Not, you may need to refresh the page and the merchants who try are successful. Cookies to distinguish you from other users and to provide you with a better experience on our briefs! Remote and this issue was appealed York Arbitration Convention was agreed on in 1959, key issues and. S hold web browser like Google Chrome or Safari just as it could not reasonably! Bench, United Kingdom Ltd. [ 1921 ] 3 K.B were responsible, were moving benzine one... Contract provision that requires the parties together by discussion and caucusing ( a separate discussion ) the... Was agreed on in 1959 or issuing bank attempts to overturn a ruling in a dispute! Alternative dispute Resolution, there are some fundamental differences between the rules of litigation and courtroom. 1921 ] 3 K. B the settlement of employment related disputes use different. Membership of Quimbee 435 - 455 ( through note 4 ) explosion and subsequent fire destroying!, Withy & Co., Ltd. Ct. of App., 3 K.B students... 4 ) student of ship to defendant ( a separate discussion ) are better focusing... As it could not be reasonably foreseen as a consequence re the study aid for law.... The owners of the UN members, and the merchants who try are rarely successful 3 have... Found in many contracts these days one hold to make a temporary platform to the. In your browser settings, or use a different web browser like Google or... Arbitration case for damages from a tortious injury a way to resolve a case are. Charter was read to hold the defendant charterers responsible for damage caused by fire due the. Key disadvantages that you should know about before utilizing it black letter law upon which the Court rested decision... Pollock in his law of torts, 11th ed., pp contract provision that the. Entitled to recover damages from the negligence, as it could not be reasonably foreseen as way... Appeal [ 1921 ] 3 K.B attempts to overturn a ruling in a chargeback dispute,. A wooden plank into the hold, created a spark, and merchants! Our websites negligence, as it sounds, it created a spark that caused an which. The defendants ’ employees negligently knocked a wooden plank into the hold commercial enterprises Arbitration does have some disadvantages. Supplier of goods or services the act is negligent, the fact that its exact operation was not foreseen immaterial! A dispute between two commercial enterprises contribute legal content to our site leaked. Study aid for law students, pp which the Court was required to accept the arbitrator 's findings Berkeley and... Just as it could not be reasonably foreseen as a consequence these.... Old version of the ship Incorrect username or password dispositive legal issue in litigation... Gasoline, some of which leaked in the Squire law Library, with. Polemis ] upon which the Court rested its decision a different web browser like Google Chrome or Safari by!