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Good Challenger Navegante SA v Metal Export Import SA ‘The Good Challenger’

Good Challenger Navegante SA v Metal Export Import SA ‘The Good Challenger’ 24 November 2003 Mantell and Clarke LJJ and Rimer J Court of Appeal [2003] EWCA Civ 1668 [2003] ArbLR 21 Arbitration award--Enforcement--Time bar--Estoppel--Order to enforce award obtained but served eight years later--Whether enforcement of award time barred (no)--Related issues determined in proceedings in Romania--Whether decision of Romanian courts estopped claim that award not time barred (no)--Whether enforcement of award in England an abuse of process (no)--Arbitration Act, 1950, s 26--Limitation Act 1980, ss 7, 29 and 30 Enforcement of 1983 arbitration award not time barred Owners obtained an award for demurrage and damages for detention under a voyage charterparty. On 15 June 1983 the High Court granted an order for leave to enforce the award on 25 January 1993 subject to the possibility for the charterers to apply to set aside the order within 22 days following service. In the event, the order was not served before the Civil Procedure Rules came into force and, accordingly, the proceedings were automatically stayed. On 16 February 2001, the High Court issued an order lifting the stay. The 1993 order was ultimately served in August 2001. Proceedings for the enforcement and recognition of the award were undertaken in Romania. In March http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Good Challenger Navegante SA v Metal Export Import SA ‘The Good Challenger’

Arbitration Law Reports and Review , Volume 2003 (1) – Jan 25, 2011

Good Challenger Navegante SA v Metal Export Import SA ‘The Good Challenger’

Arbitration Law Reports and Review , Volume 2003 (1) – Jan 25, 2011

Abstract

24 November 2003 Mantell and Clarke LJJ and Rimer J Court of Appeal [2003] EWCA Civ 1668 [2003] ArbLR 21 Arbitration award--Enforcement--Time bar--Estoppel--Order to enforce award obtained but served eight years later--Whether enforcement of award time barred (no)--Related issues determined in proceedings in Romania--Whether decision of Romanian courts estopped claim that award not time barred (no)--Whether enforcement of award in England an abuse of process (no)--Arbitration Act, 1950, s 26--Limitation Act 1980, ss 7, 29 and 30 Enforcement of 1983 arbitration award not time barred Owners obtained an award for demurrage and damages for detention under a voyage charterparty. On 15 June 1983 the High Court granted an order for leave to enforce the award on 25 January 1993 subject to the possibility for the charterers to apply to set aside the order within 22 days following service. In the event, the order was not served before the Civil Procedure Rules came into force and, accordingly, the proceedings were automatically stayed. On 16 February 2001, the High Court issued an order lifting the stay. The 1993 order was ultimately served in August 2001. Proceedings for the enforcement and recognition of the award were undertaken in Romania. In March

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2006
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2003.1.263
Publisher site
See Article on Publisher Site

Abstract

24 November 2003 Mantell and Clarke LJJ and Rimer J Court of Appeal [2003] EWCA Civ 1668 [2003] ArbLR 21 Arbitration award--Enforcement--Time bar--Estoppel--Order to enforce award obtained but served eight years later--Whether enforcement of award time barred (no)--Related issues determined in proceedings in Romania--Whether decision of Romanian courts estopped claim that award not time barred (no)--Whether enforcement of award in England an abuse of process (no)--Arbitration Act, 1950, s 26--Limitation Act 1980, ss 7, 29 and 30 Enforcement of 1983 arbitration award not time barred Owners obtained an award for demurrage and damages for detention under a voyage charterparty. On 15 June 1983 the High Court granted an order for leave to enforce the award on 25 January 1993 subject to the possibility for the charterers to apply to set aside the order within 22 days following service. In the event, the order was not served before the Civil Procedure Rules came into force and, accordingly, the proceedings were automatically stayed. On 16 February 2001, the High Court issued an order lifting the stay. The 1993 order was ultimately served in August 2001. Proceedings for the enforcement and recognition of the award were undertaken in Romania. In March

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 25, 2011

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