ALMA SHIPPING CORPORATION v. UNION OF INDIA AND ANOTHER (THE "ASTRAEA")

[1971] 2 Lloyd's Rep. 494

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Roskill

Charter-party (Voyage) - Arbitration clause - Austwheat form - Claim barred if arbitrator not appointed within 12 months of date of vessel's arrival at final port of discharge - Vessel damaged - Claim by shipowners for general average contribution from charterers - Arbitrators not appointed within time limit-Whether claim a "dispute" within arbitration clause - Whether charterers estopped from relying on clause - York-Antwerp Rules, 1950. Arbitration - Appointment of arbitrator - Extension of time for appointment - Discretion of Court - No undue hardship - Arbitration Act, 1950, sect. 27. Estoppel - Whether charterers estopped from relying on arbitration clause.