The Respondent, Mr Rotenberg, had failed to comply with the deadline set by the Coffee Trade Federation for picking up a final appeal award. The consequence under Rule 52 the CTF rules was that the original award of the umpire should become “final and binding”. However, interim appeal awards had in the meanwhile determined liability and quantum. The Court of Appeal concluded that Rule 52 did not have the effect of overriding the interim appeal awards where they were inconsistent with the original award. However, the appeal partially succeeded on the more limited ground that Rule 52 did have the effect of reinstating the part of the original award of the umpire which concerned costs and arbitration fees, which had not been dealt with in the interim appeal awards.
Thomas Raphael acted for the Appellant instructed by Hill Dickinson