Phoenix Shipping (Pty) Ltd v General Feeds Inc (The “Dimitros”) - Court of Appeal (Potter and Mummery LJJ) - 22 April 1997

Arbitration - Application for extension of time under section 27 of Arbitration Act 1950 - Delay of 21 months in commencing relevant claims - Whether time for commencing claims should be extended

The vessel Dimitros was under time-charter on the NYPE form containing a London arbitration clause. In 1992 the vessel was sub-chartered on the Gencon form for the carriage of a cargo of bagged fishmeal from Peru to China. The sub-charter contained a London arbitration clause providing that any claim had to be made within 12 months of final discharge.