London Maritime Arbitration

Page 135


Extending agreed time limits for beginning arbitral proceedings

A. Introduction

9.1 Time bars generally fall into one of two categories: those which bar the remedy by action or in arbitration, while leaving the claim in existence,1 and those which extinguish the claim itself.2 Time bars in either category may be statutory or contractual. This chapter is concerned with the extension of contractual time limits, in either category, for commencing arbitration pursuant to section 12 of the 1996 Act. 9.2 It is very common for a charterparty or bill of lading to provide for a contractual time bar unless arbitration is commenced within a specified period. For instance, the Centrocon arbitration clause provides that:

All disputes from time to time arising out of this contract shall… be referred to… two Arbitrators.… Any claim must be made in writing and Claimant’s Arbitrator appointed within three months of final discharge and where this provision is not complied with the claim shall be deemed to be waived and absolutely barred.3

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.