Mur Shipping BV v Louis Dreyfus Company Suisse SA

Mur Shipping BV v Louis Dreyfus Company Suisse SA

The CSS Report was a supporting document within the meaning of Clause 119, as it was relevant to the issue of wrongful termination and thus to liability and quantum. The time bar clause required provision of all such documents, and the failure to provide the CSS Report within the specified period rendered the claim time barred. An arguable claim to privilege does not excuse non-provision of a document that is ultimately not privileged.

Parties
Claimant: MUR Shipping B.V.; Defendant: Louis Dreyfus Company Suisse S.A.
Jurisdiction
England and Wales
Judgment Date
13 November 2019
Procedural Posture
Commercial Arbitration Appeal / Judgment on Appeal From Arbitral Award
Outcome
Appeal dismissed
Legal Topics
Time Bar Clauses, Supporting Documents in Arbitration, Privilege in Arbitration, Charterparty Disputes
Arbitration Commercial Law Contract Law Time Bar Clauses Supporting Documents in Arbitration Privilege in Arbitration Charterparty Disputes

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Parties

MUR Shipping B.V.

Claimant

Louis Dreyfus Company Suisse S.A.

Defendant

Procedural Posture

Commercial Arbitration Appeal / Judgment on Appeal From Arbitral Award

Legal Issues

  1. 1 Whether a time bar clause requiring 'all available supporting documents' operates when the only document not provided is arguably privileged and/or not relevant to the identification or support of the claim at the time of commencement of arbitration
  2. 2 Whether a document not relevant at the time of commencement of arbitration is a 'supporting document' under the clause

Ratio Decidendi

The CSS Report was a supporting document within the meaning of Clause 119, as it was relevant to the issue of wrongful termination and thus to liability and quantum. The time bar clause required provision of all such documents, and the failure to provide the CSS Report within the specified period rendered the claim time barred. An arguable claim to privilege does not excuse non-provision of a document that is ultimately not privileged.

Court Disposition

Appeal dismissed

Orders

  • The appeal by MUR Shipping B.V. is dismissed.