BULGARIS v. LA PLATA CEREAL COMPANY, S.A.

(1946) 80 Ll.L.Rep. 455

KING'S BENCH(DIVISIONAL COURT).

Before Mr. Justice Lewis and Mr. Justice Hallett.

Arbitration - Arbitrator - Appointment - Extension of time - Charter-party - Greek ship chartered in 1940 to load grain at Rosario - Marseilles nominated by charterers as port of discharge - Collapse of France - Ship diverted to Cadiz - Complaint made by shipowner's agent regarding detention at Cadiz - Subsequent agreement between parties that cargo should be discharged at Genoa, charterers to pay extra freight - Claim by charterers for damage to cargo and short delivery - Freight withheld - Arbitrators appointed by each of the parties - Contention by charterers that shipowner's arbitrator was appointed only in respect of the damage and short delivery claims - Motion by shipowner asking for extension of time in which an arbitrator might be appointed by him in respect of his claim for detention - Appointment admittedly out of time - Undue hardship - Arbitration Act, 1934, Sect. 16 (6).