... between the 'parties' to the charterparty or between owners and charterers. In each case the wording was in terms wide enough to cover a claim by the charterers against the owners for failure by the owners to perform their promise to pay commission to the brokers. The owners challenged the entitlement of the brokers to commission on the principal ground that the brokers were in repudiatory breach of the agency relationship. The owners purported to accept that breach as terminating the agency relationship. The brokers referred the issue of entitlement to commission to arbitration, notwithstanding that they were not a party to any of the nine arbitration agreements. They relied on ss 1 and 8 of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999). The arbitrators ruled that they did have jurisdiction, and the owners brought a challenge to that finding under s 67 of the Arbitration Act ...

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