National Bank of Fujairah (Dubai Branch) v Times Trading Corp

National Bank of Fujairah (Dubai Branch) v Times Trading Corp

The court found that conduct attributable to Times Trading Corp, both before and after 18 January 2019, misled NBF into believing Rosalind was the carrier under the Bills of Lading, which was a significant factor in NBF missing the time bar. This satisfied the causative nexus required under section 12(3)(b) of the Arbitration Act 1996, making it unjust to hold NBF to the strict terms of the time bar. Although NBF delayed in seeking relief, Times' continued refusal to provide the bareboat charter contributed to this delay. The court exercised its discretion to grant an extension of time for NBF to commence arbitration against Times.

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
Commercial Arbitration Related Application / Judgment on Application to Extend Time for Commencing Arbitration Under Section 12 Arbitration Act 1996
Outcome
Application granted
Legal Topics
Extension of Time for Arbitration, Limitation Periods, Misdelivery of Cargo, Attribution of Conduct, Anti Suit Injunctions
Arbitration Shipping and Admiralty Commercial Law Extension of Time for Arbitration Limitation Periods Misdelivery of Cargo Attribution of Conduct Anti Suit Injunctions

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Parties

National Bank of Fujairah (Dubai Branch)

Counterclaimant

Times Trading Corp

Defendant to Counterclaim

Procedural Posture

Commercial Arbitration Related Application / Judgment on Application to Extend Time for Commencing Arbitration Under Section 12 Arbitration Act 1996

Legal Issues

  1. 1 Whether the court should extend time for commencing arbitration under section 12 of the Arbitration Act 1996
  2. 2 Whether conduct attributable to Times Trading Corp made it unjust to hold NBF to the strict terms of the 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 18 January 2019, misled NBF into believing Rosalind was the carrier under the Bills of Lading, which was a significant factor in NBF missing the time bar. This satisfied the causative nexus required under section 12(3)(b) of the Arbitration Act 1996, making it unjust to hold NBF to the strict terms of the time bar. Although NBF delayed in seeking relief, Times' continued refusal to provide the bareboat charter contributed to this delay. The court exercised its discretion to grant an extension of time for NBF to commence arbitration against Times.

Court Disposition

Application granted

Orders

  • Extension of time granted to National Bank of Fujairah (Dubai Branch) to commence arbitration proceedings against Times Trading Corp under section 12 of the Arbitration Act 1996.