| Award 1177

Award N° 1177 – Yacht contract of construction – Invalid for fraud (No) – Expert appointment (No). The discovery by the vessel’s owner, several months after the delivery of a ship, of which the construction of the hull had begun six years before the signature of the contract does not constitute a fraud as far as, on one hand, the deliberatenature of this lack of information is not clearly proven and, on the other hand, it is not at all established that the noticed malfunctions are age related or linked with the early commencement of construction. Appointment of an expert is not imperative because in case of technical dispute, arbitration by a classification company is specifically provided for by the contract. The Tribunal dismissed claims of the parties and arbitration fees and expenses are shared on a 50/50 basis.