X v Y [2011] EWHC 152 (Comm) (09 February 2011)

X v Y [2011] EWHC 152 (Comm) (09 February 2011)

Clause 36 provides two alternative trigger dates for the time-bar: final discharge or termination of the Charter Party. A claim is in time if commenced within 12 months of either event. The notice given by Y was within 12 months of termination, so the claim was not time-barred.

Citation
[2011] EWHC 152 (Comm)
Parties
Claimant: X; Defendant: Y
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Arbitration Appeal / Judgment on Appeal
Outcome
Appeal dismissed
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 on Appeal

Legal Issues

  1. 1 Whether Y's claim for demurrage was made within the time limit specified by Clause 36 of the Charter Party
  2. 2 Proper construction of 'final discharge or termination of this Charter Party' in Clause 36

Ratio Decidendi

Clause 36 provides two alternative trigger dates for the time-bar: final discharge or termination of the Charter Party. A claim is in time if commenced within 12 months of either event. The notice given by Y was within 12 months of termination, so the claim was not time-barred.

Court Disposition

Appeal dismissed

Orders

  • Y's demurrage claim is not time-barred
  • No extension of time required under s12 Arbitration Act 1996