Mitsui and Co USA Inc v Asia-Potash International Investment Guangzhou Co Ltd 2023 EWHC 1119 Comm - 15 May 2023
There are, formally, two matters before the Court: an appeal under section 69 of the Arbitration Act 1996 brought with leave; and an application under section 68 of the same Act. However, the parties have agreed that only the section 69 appeal should be determined at this hearing and, indeed, that only one aspect of that appeal should be determined.
The Claimant in relation to both of these matters is Mitsui & Co. (U.S.A.) Inc ('Mitsui'); the Defendant is Asia-Potash International Investment (Guangzhou) Co Ltd (formerly Dongling Grain & Oil Co Ltd/Donlinks Grain and Oil Co Ltd, hence the shorthand 'DGO' used in the arbitration and in this judgment also).
For these various reasons: (i) the appeal is allowed and the question of whether Mitsui's indemnity claims are irrecoverable because they are too remote is remitted to the Board of Appeal, to be considered on the correct legal basis as described in this judgment; and (ii) the application to re-amend the Respondent's Notice is refused.