The first instance court had refused recognition and enforcement of two awards rendered in London, finding that the composition of the arbitral tribunal – two rather than three arbitrators – had not been in accordance with the agreement of the parties. While the charter agreement between the parties provided for arbitration by a three-member tribunal, the parties had subsequently agreed on arbitration under the London Maritime Arbitrators Association (LMAA) Terms, and the two party-appointed arbitrators had decided not to appoint a third arbitrator, as is allowed under the LMAA Terms. The Court of Appeal reversed the lower court’s decision, noting that the respondent had participated in the arbitration, even filing a counterclaim, without raising jurisdictional objections or subsequently challenging the award.