Originally from:
International Arbitration Court Decisions - 3rd Edition - Looseleaf
International Arbitration Court Decisions - 3rd Edition - Electronic
NORWAY
DECISION OF THE HÅLOGALAND COURT OF
APPEAL, 16 AUGUST 1999
Subject Matter:
Enforcement of an arbitration agreement entered into through exchange of
e-mails.
Findings:
It is doubtful whether e-mail transcripts can be held to fulfil the requirements
under Article II.2 of the New York Convention (agreement in writing).
Parties:
Claimant: X (Russian Federation)
Respondent: Y (Norway)
Place Of Arbitration:
London
Nationality Of Arbitrators:
A, Sole arbitrator (English)
Background
Y, a businessman in Norway, had undertaken to sell a quantity of about 3,500
metric tons of herring to Ukraine. X shipbroker in St. Petersburg worked for him
to find a suitable vessel for the transport. This broker made contact with a
colleague in Limassol, Cyprus, who presented a vessel belonging to X,
shipowner in Vladivostok. On the basis of a GENCON charter party, the two
brokers discussed on e-mail various relevant questions during the day of 4
December 1997. At the end of that day all questions were considered resolved as
far as the brokers were concerned. Charterer’s broker wrote to his correspondent
at 19:36 + 03.00 on that day, confirming acceptance of the last contested point,
and adding:
“So we clean fixed. Awaiting C/P. Thank you for fixture”.
Owner’s broker replied at 22.34 + 02.00:
“Thanks for confirmation as well. Suppose it’s first one of ours which have done
via e-mail. Just imagine how much we saved on tlxs/faxes!!!
NORWAY
X v. Y, Decision of the Hågoland Court of Appeal, 16 August 1999
SUBJECT-MATTER:
Enforcement of an arbitration agreement entered into through exchange
of e-mails.
Observations by Gunnar Nerdrum
