Glencore International AG v PT Tera Logistic Indonesia & Anor [2016] EWHC 82 (Comm) (29 January 2016)

Glencore International AG v PT Tera Logistic Indonesia & Anor [2016] EWHC 82 (Comm) (29 January 2016)

Reference to 'claims' and 'all disputes arising under the contract' in notices of appointment of arbitrator suffices to interrupt the running of time for counterclaims under s14(4) Arbitration Act 1996 in contracts involving balance of accounts or netting-off.

Citation
[2016] EWHC 82 (Comm)
Parties
Appellant (respondent in the Arbitration): Glencore International AG; Respondent (claimant in the Arbitration): PT Tera Logistic Indonesia; Respondent (claimant in the Arbitration): PT Arpeni Pratama Ocean Line TBK
Jurisdiction
England and Wales
Judgment Date
29 January 2016
Procedural Posture
Appeal Under Arbitration Act 1996, S69 / Judgment on Question of Law
Outcome
Appeal allowed; counterclaims not time-barred.
Legal Topics
Commencement of Arbitral Proceedings, Limitation Periods, Jurisdiction of Arbitral Tribunal, Interpretation of Notices
Arbitration Commercial Law Commencement of Arbitral Proceedings Limitation Periods Jurisdiction of Arbitral Tribunal Interpretation of Notices

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Parties

Glencore International AG

Appellant (respondent in the Arbitration)

PT Tera Logistic Indonesia

Respondent (claimant in the Arbitration)

PT Arpeni Pratama Ocean Line TBK

Respondent (claimant in the Arbitration)

Procedural Posture

Appeal Under Arbitration Act 1996, S69 / Judgment on Question of Law

Legal Issues

  1. 1 Whether reference to 'claims' or 'all disputes arising under the contract' in notice of appointment of arbitrator interrupts limitation period for counterclaims under s14(4) Arbitration Act 1996

Ratio Decidendi

Reference to 'claims' and 'all disputes arising under the contract' in notices of appointment of arbitrator suffices to interrupt the running of time for counterclaims under s14(4) Arbitration Act 1996 in contracts involving balance of accounts or netting-off.

Court Disposition

Appeal allowed; counterclaims not time-barred.

Orders

  • Arbitral tribunal has jurisdiction over counterclaims for MV Demurrage in both arbitrations.
  • Limitation period for counterclaims interrupted by notices referring to 'all disputes arising under the contract'.