Nagusina Naviera v Allied Maritime Inc (The "Maria K") - QBD (Com Ct)(Andrew Smith J) - 6 December 2001

Practice - Shipowners wishing to appeal arbitration award to High Court under Arbitration Act 1979 - Respondent out of jurisdiction - Whether notice of appeal served within 21 day period provided by Arbitration Practice Direction - Whether court has jurisdiction to extend 21 day period - Claim form not served out of jurisdiction within six month period provided by CPR 7.5(3) - Whether court has jurisdiction to extend time for service of claim form - Whether court should exercise discretion so as to extend time for service

Shipowners wished to appeal an arbitration award which was published on 23 January 2001. Both parties to the arbitration were entered in the same P & I Club, and a solicitor employed by the Club had acted for the charterers in the arbitration. The charterers were a company incorporated in Liberia. The reference was governed by the Arbitration Act 1979, and the 21 day time limit for appealing provided by paragraph 27.2 of the CPR Practice Direction - Arbitrations expired on 13 February 2001. On 7 February 2001 the Club decided not to support the owners' appeal. On 13 February 2001 the owners issued a Part 8 claim form and an application notice seeking leave to bring the appeal. On the same day they also made an application to the Commercial Court seeking an order for leave to service notice of appeal on the charterers in Athens, Greece (on the basis that the charterers were domiciled in Greece), and for an extension of time of 28 days for service on the charterers out of the jurisdiction. David Steel J granted the application on paper.