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Legal Notes

Legal Notes (By a Legal Correspondent) I. CLAIM FOR GENERAL AVERAGE CONTRIBUTION TThe time provisions for making a claim under an arbitration clause was the * subject of an interesting decision by the Court of Appeal in E. B. Aaby's Rederi A/S -v- Union of India ("The Times", March 19th, 1973) The facts were that in January, 1966, the Norwegian owners of the ship Evie let her on charter to the Government of India to collect wheat in bulk and carry out to India. The material clause (Clause 2) provided that general coverage should be payable according to York/Antwerp Rules 1950 and settled in London ; and the Centrecon arbitration clause provided that all disputes arising out of this contract should be referred to arbitrators carrying on bus­ iness in London. Any claim must be made in writing and claimant's arbitrator appointed within 12 months of final discharge and where this provision was not completed the claim should be deemed to be waived and absolutely barred. On February 12th, the vessel ran out of bunkers and stopped in Mid- Ocean in peril, and a tug from Japan had to assist. They reached Yokohama on February 18th, and discharge of the cargo http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian International Arbitration Journal Kluwer Law International

Legal Notes

Asian International Arbitration Journal , Volume 40 (3): 4 – Aug 1, 1973
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Publisher
Kluwer Law International
Copyright
Copyright © 1973 Kluwer Law International BV, The Netherlands
ISSN
1574-3330
Publisher site
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Abstract

(By a Legal Correspondent) I. CLAIM FOR GENERAL AVERAGE CONTRIBUTION TThe time provisions for making a claim under an arbitration clause was the * subject of an interesting decision by the Court of Appeal in E. B. Aaby's Rederi A/S -v- Union of India ("The Times", March 19th, 1973) The facts were that in January, 1966, the Norwegian owners of the ship Evie let her on charter to the Government of India to collect wheat in bulk and carry out to India. The material clause (Clause 2) provided that general coverage should be payable according to York/Antwerp Rules 1950 and settled in London ; and the Centrecon arbitration clause provided that all disputes arising out of this contract should be referred to arbitrators carrying on bus­ iness in London. Any claim must be made in writing and claimant's arbitrator appointed within 12 months of final discharge and where this provision was not completed the claim should be deemed to be waived and absolutely barred. On February 12th, the vessel ran out of bunkers and stopped in Mid- Ocean in peril, and a tug from Japan had to assist. They reached Yokohama on February 18th, and discharge of the cargo

Journal

Asian International Arbitration Journal – Kluwer Law International

Published: Aug 1, 1973

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