Expofrut SA & Ors v Melville Services Inc & Anor [2015] EWHC 1950 (Comm) (08 July 2015)

No conduct by Defendants caused or contributed to Claimants' failure to comply with arbitration time-bar; Defendants acted as entitled under Belgian law; Claimants' own mistaken belief about jurisdiction drove their conduct; extension not justified under s.12(3)(b).

Citation: [2015] EWHC 1950 (Comm)
Parties: Claimant: Expofrut SA & Others; Defendant: Melville Services Inc; Defendant: Lavinia Corporation
Jurisdiction: England and Wales
Judgment Date: 08 July 2015
Procedural Posture: Application for Extension of Time Under Arbitration Act 1996 S.12(3)(b) / Judgment on Application
Outcome: Application dismissed
Legal Topics: Extension of Time for Arbitration, Hague/hague Visby Rules Limitation Period, Jurisdictional Objections, Conduct Affecting Limitation Periods

Arbitration Shipping Law International Commercial Law Extension of Time for Arbitration Hague/hague Visby Rules Limitation Period Jurisdictional Objections Conduct Affecting Limitation Periods

Case Brief

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Parties

Expofrut SA & Others

Claimant

Melville Services Inc

Defendant

Lavinia Corporation

Defendant

Procedural Posture

Application for Extension of Time Under Arbitration Act 1996 S.12(3)(b) / Judgment on Application

Legal Issues

1 Whether conduct of Defendants made it unjust to hold Claimants to strict terms of arbitration time limit under s.12(3)(b) Arbitration Act 1996
2 Whether Claimants are entitled to an extension of time for commencing arbitration

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Claimants' application for extension of time under Arbitration Act 1996 s.12(3)(b) is dismissed