Yamashita-Shinnihon Steamship Co. Ltd. v. L’Office Cherifien des Phosphates Unitramp S.A. - Court of Appeal (Sir Thomas Bingham M.R., Beldam and Kennedy L.JJ.) - 7 April 1993

Arbitration - New statutory power to strike out claim for inordinate and inexcusable delay does not apply retrospectively

Prior to 1 January 1992 arbitrators had no power to dismiss a claim for want of prosecution on the ground of inordinate and inexcusable delay (see Bremer Vulkan Schiffbau v. South India Shipping Corporation Ltd. [1981] 1 Lloyd’s Rep. 253). The law was changed by section 102 of the Courts and Legal Services Act 1990 which, by the insertion of new section 13A of the Arbitration Act 1950, conferred power on arbitrators to dismiss a claim for want of prosecution. New section 13A of the Arbitration Act 1950 came into force on 1 January 1992.