The narrow and mitigating appeal of arbitrations with James M. Turner KC | Case by Case (Ep. 84)

Viterra BV v. Sharp Corporation Ltd

This case involves an appeal and cross-appeal arising from two Grain and Feed Trade Association (GAFTA) appeal awards related to Cost & Freight free out (C&FFO) Mundra sales of pulses. The primary issues revolve around the jurisdiction of the court on appeals from arbitration awards under the Arbitration Act 1996.

There are two main themes explored in this podcast:

  • The procedural safeguard on court appeals from arbitration decisions; and
  • How mitigation and the compensation principle interrelate for quantum.

To download the full judgement click here