Expofrut SA & Ors v Melville Services Inc & Anor

Expofrut SA & Ors v Melville Services Inc & Anor

There was no conduct by the Defendants that made it unjust to hold the Claimants to the strict terms of the limitation provision; Defendants acted within Belgian procedural norms and did not cause or contribute to Claimants' failure to commence arbitration within time.

Parties
Claimants: Expofrut SA & Others; Defendant: Melville Services Inc; Defendant: Lavinia Corporation
Jurisdiction
England and Wales
Judgment Date
08 July 2015
Procedural Posture
Application / Judgment
Outcome
application dismissed
Legal Topics
Extension of Time, Limitation Period, Arbitration Clause, Jurisdiction, Conduct of Parties
Arbitration Shipping International Commercial Law Extension of Time Limitation Period Arbitration Clause Jurisdiction Conduct of Parties

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Parties

Expofrut SA & Others

Claimants

Melville Services Inc

Defendant

Lavinia Corporation

Defendant

Procedural Posture

Application / Judgment

Legal Issues

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

Ratio Decidendi

There was no conduct by the Defendants that made it unjust to hold the Claimants to the strict terms of the limitation provision; Defendants acted within Belgian procedural norms and did not cause or contribute to Claimants' failure to commence arbitration within time.

Court Disposition

application dismissed