LJ Korbetis v Transgrain Shipping BV [2005] EWHC 1345 (QB) (17 June 2005)

LJ Korbetis v Transgrain Shipping BV [2005] EWHC 1345 (QB) (17 June 2005)

No valid appointment of an arbitrator occurred because the acceptance was not communicated to the offeror within a reasonable period, and the misdirection of the acceptance was due to the offeree's error. The circumstances did not justify an extension of time under Section 12(3)(a) of the Arbitration Act 1996, as...

Source-derived case information.

Citation
[2005] EWHC 1345
Parties
Claimant: L. J. Korbetis; Defendant: Transgrain Shipping BV
Jurisdiction
England and Wales
Judgment Date
17 June 2005
Procedural Posture
Arbitration Related Court Application / Application for Determination of Arbitrator's Jurisdiction and Extension of Time
Outcome
Application dismissed
Legal Topics
Appointment of Arbitrator, Time Bar in Arbitration, Offer and Acceptance, Clerical Error in Contract Performance
Arbitration Contract Law Shipping Law Appointment of Arbitrator Time Bar in Arbitration Offer and Acceptance Clerical Error in Contract Performance

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Parties

L. J. Korbetis

Claimant

Transgrain Shipping BV

Defendant

Procedural Posture

Arbitration Related Court Application / Application for Determination of Arbitrator's Jurisdiction and Extension of Time

Legal Issues

  1. 1 Whether an arbitrator was validly appointed under the charterparty
  2. 2 Whether an extension of time should be granted for appointment of an arbitrator

Ratio Decidendi

No valid appointment of an arbitrator occurred because the acceptance was not communicated to the offeror within a reasonable period, and the misdirection of the acceptance was due to the offeree's error. The circumstances did not justify an extension of time under Section 12(3)(a) of the Arbitration Act 1996, as the error and subsequent omission were not outside the reasonable contemplation of the parties nor was it just to extend time.

Court Disposition

Application dismissed

Orders

  • Declaration that Mr. Rayment was not validly appointed as arbitrator
  • Refusal to extend time for commencement of arbitration proceedings