Contract analysis

1. INTRODUCTION AND SUMMARY 1.1 This is the Respondent's Notice filed by Thalassa Shipping & Logistics SA ("TSL" or the "Respondent") in opposition to the application dated 19 August 2024 (the "Application") by which Korinthian Maritime Holdings Ltd. ("KMH" or the "Applicant") seeks to set aside and/or remit the Final Award issued on 28 June 2024 by the tribunal constituted under LCIA Case Reference No. 224718 (the "

2. BACKGROUND FACTS 2.1 The Parties 2.1.1 Thalassa Shipping & Logistics SA ("TSL") is a Société Anonyme organised under the laws of the Hellenic Republic, with its registered offices and principal place of business at 14 Akti Miaouli, 4th Floor, Piraeus 185 35, Greece (Tax Identification No. EL-801456729). TSL was founded in 1987 by the Papadimitriou family and has since grown to become a substantial participant in t

3. THE LEGAL FRAMEWORK FOR CHALLENGE 3.1 Section 68 — Serious Irregularity 3.1.1 Section 68(1) of the Arbitration Act 1996 provides: "A party to arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court challenging an award in the proceedings on the ground of serious irregularity affecting the tribunal, the proceedings or the award." 3.1.2 Section 68(2) further provides: "Seri

4. KMH'S GROUNDS UNDER SECTION 68 — TSL'S RESPONSE 4.1 Summary of KMH's Section 68 Grounds 4.1.1 In its Application filed on 19 August 2024, KMH raises three grounds of challenge under section 68 of the Act: (a) Ground 1: An alleged failure by the tribunal to deal with all the issues that were put to it, contrary to section 68(2)(d) of the Act; (b) Ground 2: An alleged failure by the tribunal to comply with its gener

5. KMH'S GROUNDS UNDER SECTION 69 — TSL'S RESPONSE 5.1 Summary of KMH's Section 69 Grounds 5.1.1 In its Application, KMH identifies three alleged errors of law upon which it seeks permission to appeal under section 69 of the Act: (a) Alleged Error 1: That the tribunal applied the wrong legal test in finding that KMH's early redelivery of M/V Aegean Fortuna on 18 June 2022 constituted a repudiatory breach of the chart

6. THE APPLICATION IS AN ABUSE OF PROCESS 6.1 TSL submits that KMH's Application is, in addition to being without merit, an abuse of the process of this Court. The Application is a transparent attempt to delay enforcement of the Award and to frustrate TSL's legitimate efforts to recover the sums due to it under the Award. 6.2 This submission is supported by the following matters: (a) No voluntary payment: KMH has not

7. THE TRIBUNAL'S FINDINGS OF FACT ARE NOT REVIEWABLE 7.1 A theme that runs through each of KMH's grounds under both section 68 and section 69 is that KMH is, in substance, seeking to challenge the tribunal's findings of fact. This is impermissible under either section of the Act. 7.2 Under section 68, the court does not re-examine the merits of the dispute or substitute its own findings of fact for those of the trib