High Court Decision of Hamblen J. Commercial Court 2010 EWHC 2565 (Comm).
This case will be important for all shipping lawyers dealing with cargo claims. A bulk cargo was shipped under several bills of lading, each containing an arbitration clause. Cargo claimants sent notice of appointment of an arbitrator to shipowners and shipowners argued that one notice was insufficient to commence more than one arbitration. Had they been correct all the claims would have been time barred.
Hamblen J. held in favour of the cargo interests and summarises the requirements of Section 14 of the Arbitration Act 1996 emphasising that a strict or technical approach should be avoided.
Graham Charkham was instructed on behalf of Sinograin Chinatex by B J Macfarlane & Co.