Good Challenger Navegante SA v Metalexportimport SA (The "Good Challenger") - Court of Appeal (Mantell and Clarke and Rimer J) - 24 November 2003

Arbitration - Enforcement of award - Claimant sought to enforce award more than six years after publication - Whether enforcement proceedings time barred - Whether limitation period accrued afresh by reason of acknowledgment telex from debtor’s agents - Whether claimant estopped from denying time bar point by reason of subsequent decision of Romanian Supreme Court - Whether abuse of process

On 15 June 1983 a London arbitration tribunal awarded the claimant owners of the vessel Good Challenger US$1,663,865.63 plus interest and arbitrators’ costs in respect of the owners’ claim for demurrage and damages for detention. The charterers, a Romanian state trading entity (since privatised), did not pay the award, although they did subsequently make two part-payments in 1986.