Originally from International Arbitration Court Decisions - 3rd Edition

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!!!