GLENCORE INTERNATIONAL AG V PT TERA LOGISTIC INDONESIA; GLENCORE INTERNATIONAL AG V PT ARPENI PRATAMA OCEAN LINE TBK

[2016] EWHC 82 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Knowles, 29 January 2016

Arbitration - Scope of reference - Whether arbitration notice referring to all disputes between the parties included counterclaims - Error of law - Arbitration Act 1996, sections 14(4) and 69

The parties entered into four separate contracts under which floating cranes were chartered to the charterers by the owners for the purpose of loading coal. Under the contracts, each of the parties bore responsibility for certain delays. Disputes arose, and two arbitrations were commenced by the owners. The arbitration notices referred to "claims under this Contract", stated that the owners had appointed an arbitrator and required the charterers to appoint an arbitrator. The charterers did so, and the two arbitrators appointed a third. In the course of the arbitration the charterers submitted counterclaims. The tribunal by a majority held that the reference to arbitration had not encompassed counterclaims and that the counterclaims were time-barred. The charterers appealed against this decision on the ground of error of law under section 69 of the Arbitration Act 1996.