14 Dec 1994
SKY MOUNT INVESTMENT LIMITED v. EAST WEST-UMI INSURANCE LTD
- Citation
- SKY MOUNT INVESTMENT LIMITED v. EAST WEST-UMI INSURANCE LTD
- Court
- Court of First Instance
- Case number
- HCMP2897/1994
The court held that the defendant's letter of 8 September 1993 amounted to a written notice requesting the plaintiff to agree to the appointment of an arbitrator and therefore, under s.31 and authority in Nea Agrex, the arbitration was commenced within 12 months of the insurer's disclaimer on 17 November 1992. Alternatively, even if that finding were wrong, the court would refuse to extend time under s.29 because of a substantial unexplained delay (application filed 11 months after expiry), lack of material to justify the discretion and culpable delay despite absence of proven prejudice to th…