Glencore International AG v PT Tera Logistic Indonesia & Anor

Glencore International AG v PT Tera Logistic Indonesia & Anor

A reference to 'claims' and to 'all disputes arising under the contract' in notices of appointment of an arbitrator will ordinarily suffice to interrupt the running of time in respect of a counterclaim for the purposes of s14(4) Arbitration Act 1996, and does so in this case.

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
Commercial Arbitration Appeal / Judgment on Appeal Under Section 69 Arbitration Act 1996
Outcome
Appeal allowed
Legal Topics
Commencement of Arbitral Proceedings, Limitation Periods, Interpretation of Arbitration Notices, Counterclaims in Arbitration
Arbitration Commercial Law Commencement of Arbitral Proceedings Limitation Periods Interpretation of Arbitration Notices Counterclaims in Arbitration

Case Brief

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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

Commercial Arbitration Appeal / Judgment on Appeal Under Section 69 Arbitration Act 1996

Legal Issues

  1. 1 Whether a reference to 'claims' or 'all disputes arising under the contract' in a notice of appointment of an arbitrator suffices to interrupt the running of time for a counterclaim under s14(4) Arbitration Act 1996

Ratio Decidendi

A reference to 'claims' and to 'all disputes arising under the contract' in notices of appointment of an arbitrator will ordinarily suffice to interrupt the running of time in respect of a counterclaim for the purposes of s14(4) Arbitration Act 1996, and does so in this case.

Court Disposition

Appeal allowed

Orders

  • The question of law is answered in favour of the Appellant: the reference to 'all disputes arising under the contract' sufficed to interrupt the running of time for counterclaims in these arbitrations.