Lloyd's Maritime Law Newsletter

Arbitration – Delay in pursuing arbitration claim – Whether delay inordinate and inexcusable – Whether claim should be dismissed

Contract - Shipbuilding contract - Time-bar - Buyer complaining of faulty cranes more than three years after delivery of vessel - Contract providing for GuaranteePeriod of 12 months from delivery with notice of any defect being given not later than 30 days after end of Guarantee Period - Buyer not giving notice of crane defect within contractual period - Whether buyer's claim time-barred - Whether section14(3) of the Sale of Goods Act 1979 applicable to shipbuilding contract where vessel built for use in standardised trade

Practice - Service of writ out of jurisdiction - Plaintiff physically supplying bunkers to vessel in Hong Kong pursuant to contract with first defendant - First defendant had contracted to supply bunkers to second defendant who had in turn contracted to supply bunkers to owner of vessel - Plaintiff not receiving payment - Whether leave should be granted to serve writ out of jurisdiction against second defendant - Whether plaintiff had good arguable case that second defendant committed tort of conversion within jurisdiction or that contract was made through agent residing within jurisdiction