M/V Stoomv Maats “De Maas” v. Nippon Yusen Kaisha (The Pendrecht) - Mr. Justice Parker - Q.B. (Com.Ct.) - Dec. 6, 1979

Arbitration - Notice of appointment of arbitrator

An arbitration was commenced by owners claiming in respect of damage to their vessel on Jan. 9, 1971. The Baltime 1939 charter-party provided for arbitration in London, one arbitrator to be nominated by the owners and the other by the charterers, with liberty to appoint an umpire. On Friday, Jan. 7, 1977, the owners, in London, telexed the charterers in Tokyo informing them of the appointment of owners’ arbitrator and calling upon them to appoint an arbitrator with seven days. The telex was received on the charterers’ machine at 18.45 (Tokyo time), after office hours, and though date stamped by a member of staff, it was not seen by a responsible employee until Monday, Jan. 10, 1977. Prima facie time expired on Saturday, Jan. 8 or Sunday, Jan. 9, 1977.