SMEATON, HANSCOMB & CO., LTD. v. SASSOON I. SETTY, SON & CO.

[1953] 2 Lloyd's Rep. 580

QUEEN'S BENCH DIVISION.

Before Mr. Justice Devlin.

Contract-Sale of goods-Arbitration clause- Limitation of time clause-Buyers to accept and pay for goods as shipped-Right to claim compensation for breach-Differences to be referred to arbitration-"Any claim must be made within 14 days . . ."-Claim by buyers for breach of contract made out of time- Alleged fundamental breach by sellers- Buyers' right to reject-Applicability of limitation clause-Whether buyers' claim time-barred. Arbitration-Costs of award-Discretion of arbitrator-Award that costs should be paid by one party whatever result of case stated for opinion of Court-No reason given-Duty of arbitrator to exercise his discretion judicially-Usual rule-Jurisdiction of Court to review arbitrator's order-Arbitration Act, 1950, Sect. 18 (1), (3).