Arbitration—Arbitration clause—Charterparty

Arbitration—Arbitration clause—Charterparty

X v Y [2011] EWHC 152 (Comm)

Queen’s Bench Division, Commercial Court, Burton J, 9 Feb 2011

In ruling on a charterparty on a modified Synacomex 2000 form, the Commercial Court has applied the decision in The Simonburn [1973] 1 Lloyd’s Law Rep 392.

David Semark (instructed by Reed Smith) for the claimant. Michael Nolan (instructed by Salans) for the defendant.

The parties entered into a Continent Grain charter, containing terms otherwise in accordance with a SYNACOMEX 2000 form. The charterparty constituted a consecutive voyage charter for three consecutive voyages. Clause 36, an additional clause added to the standard terms, was an arbitration clause and was a modification of the Centrocon Arbitration Clause. It provided, inter alia, that a claim would be time-barred unless the claimant’s arbitrator was appointed “within 12 months of final discharge or termination of this charterparty.” Discharge in respect of the first voyage under the charterparty was completed on 8 February 2008. That date was accordingly 7 March 2008. Discharge under the third and