X v Y

X v Y

The time-bar provision in Clause 36 allows a claim to be made within 12 months of either final discharge or termination of the Charter Party, and notice given within 12 months of termination is valid; the claim was not time-barred.

Parties
Claimant: X; Defendant: Y
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Arbitration Appeal / Judgment
Outcome
Appeal dismissed; claim not time-barred.
Legal Topics
Time Bar Clauses, Charter Party Interpretation, Demurrage Claims
Commercial Law Arbitration Time Bar Clauses Charter Party Interpretation Demurrage Claims

Case Brief

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Parties

X

Claimant

Y

Defendant

Procedural Posture

Arbitration Appeal / Judgment

Legal Issues

  1. 1 Whether Y’s claim for demurrage was made within the contractual time limit under Clause 36 of the Charter Party
  2. 2 Proper construction of 'final discharge or termination' in a consecutive voyage charter

Ratio Decidendi

The time-bar provision in Clause 36 allows a claim to be made within 12 months of either final discharge or termination of the Charter Party, and notice given within 12 months of termination is valid; the claim was not time-barred.

Court Disposition

Appeal dismissed; claim not time-barred.

Orders

  • Y’s claim for demurrage is not time-barred and stands.
  • No need to consider extension of time under s12 Arbitration Act 1996.