National Bank of Fujairah (Dubai Branch) v Times Trading Corp [2020] EWHC 1983 (Comm) (23 July 2020)

National Bank of Fujairah (Dubai Branch) v Times Trading Corp [2020] EWHC 1983 (Comm) (23 July 2020)

The court found that conduct attributable to Times Trading Corp, both before and after it became aware of the bareboat charter, misled NBF into believing Rosalind was the carrier, contributing significantly to NBF missing the time bar. This made it unjust to enforce the strict time bar under s.12(3)(b) Arbitration Act 1996. Although NBF delayed in seeking relief, Times' conduct contributed to that delay, and the discretion to extend time was exercised in NBF's favour.

Citation
[2020] EWHC 1983 (Comm)
Parties
Counterclaimant: National Bank of Fujairah (Dubai Branch); Defendant to Counterclaim: Times Trading Corp
Jurisdiction
England and Wales
Judgment Date
23 July 2020
Procedural Posture
Application Under Arbitration Act 1996 S.12 / Judgment on Application to Extend Time for Commencing Arbitration
Outcome
Application granted
Legal Topics
Extension of Time for Arbitration, Misdelivery of Cargo, Limitation Period Under Hague Rules, Attribution of Conduct, Discretion in Granting Relief
Arbitration Shipping Law Commercial Law Extension of Time for Arbitration Misdelivery of Cargo Limitation Period Under Hague Rules Attribution of Conduct Discretion in Granting Relief

Case Brief

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Parties

National Bank of Fujairah (Dubai Branch)

Counterclaimant

Times Trading Corp

Defendant to Counterclaim

Procedural Posture

Application Under Arbitration Act 1996 S.12 / Judgment on Application to Extend Time for Commencing Arbitration

Legal Issues

  1. 1 Whether the court should extend time for commencing arbitration under s.12 Arbitration Act 1996
  2. 2 Whether conduct attributable to Times Trading Corp made it unjust to hold NBF to the strict time bar
  3. 3 Whether circumstances were outside the reasonable contemplation of the parties when agreeing the time bar provision

Ratio Decidendi

The court found that conduct attributable to Times Trading Corp, both before and after it became aware of the bareboat charter, misled NBF into believing Rosalind was the carrier, contributing significantly to NBF missing the time bar. This made it unjust to enforce the strict time bar under s.12(3)(b) Arbitration Act 1996. Although NBF delayed in seeking relief, Times' conduct contributed to that delay, and the discretion to extend time was exercised in NBF's favour.

Court Disposition

Application granted

Orders

  • Time for commencing arbitration against Times Trading Corp is extended; parties to draw up an order reflecting this conclusion.