BULK & METAL TRANSPORT (UK) LLP v VOC BULK ULTRA HANDYMAX POOL LLC (THE “VOC GALLANT”)

[2009] Lloyd's Rep Plus 31

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before His Honour Judge Mackie QC, sitting as a judge of the High Court

Arbitration – Commencement – Charterparty (Time) – Owners claiming balance of hire and charterers asserting cross-claim for breach of Hague Rules, article III rule 2 – Whether message from owners’ solicitors took effect as notice commencing arbitration – Whether message constituted bringing of suit in respect of charterers’ cargo claim – Whether charterer’s cross-claim time-barred – Whether extraneous evidence admissible – Arbitration Act 1996, section 14(4), Hague Rules, article III rule 6.