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'''Note'''
An additional first instance judgment has been provided in this case,reported at [2012] EWHC 70 (Comm). That judgment briefly deals with two points.
First, the factual dispute regarding whether or not the vessel, her complement and cargo were at risk of exposure to acts of piracy (concerning the distinction between a "bare possibility" and a "real likelihood") was to be remitted to the arbitrators to decide. This was because, on the limited evidence before the judge at the first hearing, the judge was unable to conclude that the result of remitting the case would be inevitable and, therefore, serve no useful purpose.
