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Lloyd's Maritime Law Newsletter

Moswolds Rederi A.S. v. The Food Corporation of India; The Food Corporation of India v. Moswolds Rederi A.S. (The Arras and The Heogh Rover) - Q.B.D. (Com.Ct.) (Evans J.) - 28 April 1988

Centrocon Arbitration clause - 12 year delay between appointment of arbitrators and hearing of arbitration - Claims reformulated in the interim - Whether within the jurisdiction of the arbitration tribunals - Whether time-barred - Construction of demurrage provisions in charterparty - Whether separate obligation to pay the amount due as demurrage giving rise to claim for currency depreciation

Under a charterparty dated 23 May 1974, The Arras and The Heogh Rover performed voyages from U.S. Gulf ports to Calcutta, where they discharged by means of lightening vessels, such discharge being completed during November 1974. The charterparty contained a Centrocon Arbitration Clause (Amended) requiring that “All disputes . . . shall be referred” to arbitration and further providing “Any claim must be made in writing and claimant’s Arbitrator appointed within twelve (12) months of final discharge.”

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