Federal Commerce & Navigation Ltd. v. Xcan Grain (Europe) Ltd. (The Ratna Vandana) - Q.B.D. (Com.Ct.) (Webster J.) - 6 October 1981

Whether time for appointing arbitrator should be extended

This was an application under section 27 of the Arbitration Act 1950 to extend the time for appointing an arbitrator. The plaintiffs were time charterers of the vessel Ratna Vandana and had sub-chartered her to the defendants. The terms of the sub-charter included the Centrocon arbitration clause which provided that any claim had to be in writing and the claimants’ arbitrators appointed within nine months of final discharge, otherwise the claim would be deemed to be waived and absolutely barred. (The period of nine months was substituted for the three month period contained in the printed standard form at the plaintiffs’ suggestion.)