Food Corporation of India v. Antclizo Shipping Corporation (The Antclizo) - Q.B.D. (Com.Ct.) (Anthony Evans J.) - 31 October 1985

Whether arbitration agreement abandoned by consent after eight years inactivity.

Disputes arose under a voyage charterparty dated 20 October 1973. The claimants appointed their arbitrator in December 1974. The respondents appointed their arbitrator in January 1975. In March 1975 the respondents sent a laytime statement showing $83,439 owing to them in respect of despatch. Shortly afterwards the respondents paid the claimants the balance of freight due less the claimed despatch. The respondents received no protest or objection to their laytime statement or to the payment.