NAAMLOOZE VENNOOTSCHAP HANDELS-EN-TRANSPORT MAATSCHAPPIJ "VULCAAN" v. J. LUDWIG MOWINCKELS REDERI A/S.

(1937) 57 Ll.L.Rep. 69

COURT OF APPEAL.

Before Lord Wright (Master of the Rolls), Lord Justice Romer and Lord Justice Scott.

Charter-party - Hire - Overpayment - Claim by charterers-Mutual mistake -Breach of warranty - Charter of respondents' vessels built for hire on time charter to claimants-Accounts based on deadweight carrying capacity -Shortage of capacity owing to style of construction and to subsequent strengthening of structure for carriage of claimants' cargo-Charterers' claim made in respect of four periods: (1) December, 1912, to August, 1914; (2) August, 1914, to February, 1921; (3) February, 1921, to July, 1926; (4) July, 1926, to June, 1931, when both vessels operated under lump sum charters-Submission to arbitration- Award that claims in respect of the first three periods were barred by the Statute of Limitations and that as regards the fourth period the vessels, which were to be of "about 11,185 tons carrying capacity," were of about that capacity - Case stated - Whether Statute of Limitations applied to arbitrations-Date of commencement of arbitration-Vessels surrendered to shipowners during War period and run by shipowners and charterers in partnership-Applicability of Statute of Limitations where it is sought to reopen partnership account-Arbitration Act, 1934, Sect. 16, (4).