P v Q [2018] EWHC 1399 (Comm) (11 June 2018)

P v Q [2018] EWHC 1399 (Comm) (11 June 2018)

Clause 67 is clear and unambiguous; time bar applies strictly even in chain contracts; claimants failed to act expeditiously; only Q is granted extension under s.12 due to prompt action; P and R's applications refused.

Citation
[2018] EWHC 1399 (Comm)
Parties
Claimant: P; Defendant: Q; Claimant: Q; Defendant: R; Claimant: R; Defendant: S
Jurisdiction
England and Wales
Judgment Date
11 June 2018
Procedural Posture
Commercial Arbitration Related Application / Judgment on Applications for Declarations and Extensions of Time Under Arbitration Act 1996 S.12
Outcome
Applications for declarations that claims were in time refused; extension of time under s.12 granted only to Q; applications by P and R refused.
Legal Topics
Time Bar Clauses, Extension of Time, Voyage Charterparties, Arbitration Commencement, Chain Contracts
Arbitration Shipping Contract Time Bar Clauses Extension of Time Voyage Charterparties Arbitration Commencement Chain Contracts

Case Brief

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Parties

P

Claimant

Q

Defendant

Q

Claimant

R

Defendant

R

Claimant

S

Defendant

Procedural Posture

Commercial Arbitration Related Application / Judgment on Applications for Declarations and Extensions of Time Under Arbitration Act 1996 S.12

Legal Issues

  1. 1 Whether notices of claim and commencement of arbitration were served in time under Clause 67
  2. 2 Whether Clause 67 should be construed to allow passing claims down a charter chain after expiry of time limit
  3. 3 Whether extensions of time under Arbitration Act 1996 s.12 should be granted

Ratio Decidendi

Clause 67 is clear and unambiguous; time bar applies strictly even in chain contracts; claimants failed to act expeditiously; only Q is granted extension under s.12 due to prompt action; P and R's applications refused.

Court Disposition

Applications for declarations that claims were in time refused; extension of time under s.12 granted only to Q; applications by P and R refused.

Orders

  • No declaration that notices of claim and commencement of arbitration were served in time.
  • Extension of time under s.12 Arbitration Act 1996 granted to Q to 30 November 2016.