Minermet SpA Milan v Luckyfield Shipping Corpn SA - QBD (Com Ct) (Cooke J) - 31 March 2004

Arbitration - Appointment of arbitrator - Gencon charter requiring party to appoint arbitrator within 14 days of nomination of claimant's arbitrator - Respondent failing to appoint arbitrator within time limit - Whether Court should extend time under section 79 Arbitration Act 1996

The vessel was chartered under a Gencon charterparty, clause 19 of which provided that any disputes should be referred to London arbitration, and that unless the parties agreed on a sole arbitrator, one arbitrator should be appointed by each party, with the two arbitrators so appointed appointing a third arbitrator. The clause concluded: ?On the receipt by one party of the nomination in writing of the other party's arbitrator, that party shall appoint their arbitrator within 14 days, failing which the decision of the single arbitrator appointed shall be final.?