F. E. HOOKWAY & CO., LTD. v. W. H. HOOPER & CO.
(1950) 84 Ll.L.Rep. 335
KING'S BENCH DIVISION.(DIVISIONAL COURT).
Before Mr. Justice Humphreys and Mr. Justice Ormerod.
Arbitration-Extension of time-Failure to claim arbitration within prescribed time-Undue hardship-Contract for sale of coffee on standard form of Coffee Trade Federation (London)- Coffee to be shipped from Singapore to Gibraltar-Disputes on quality, failing amicable agreement, to be settled by arbitration in London according to arbitration rules of Coffee Trade Federation-Further provisions of contract:
11. If at ports other than London, samples to be drawn and sealed, at buyers' expense, at the port and time of discharge in the presence of representatives of buyers and sellers or by an independent recognised sampler . . .
13. Failing amicable agreement, both parties to this contract hereby agree to submit any dispute of whatever nature arising out of this contract to arbitration in London according to the rules of the Coffee Trade Federation (of London). Any claim must be made within 14 days after final day of weighing and/or discharge of goods at port of final destination.
Coffee Trade Federation Arbitration Rule No. 2:
All arbitrations must be claimed within 14 days following final day of weighing and/or warehousing of the contract goods at port of final destination.
Coffee delivered into warehouse at Gibraltar-Request by buyers to their agents to take samples-Samples not taken until long after expiry of 14 days after delivery into warehouse-Claim by buyers for arbitration on quality- Failure of arbitrators to agree- Appointment of umpire, who awarded that "as buyers' claim for arbitration
F. E. Hookway & Co., Ltd. v. W. H. Hooper & Co.
K.B. (Div. Ct.)
336
was made out of time they have no case against sellers"-Motion brought by buyers for leave to extend time for bringing of arbitration-Arbitration Act, 1934, Sect. 16 (6).