MOSCOW V/O EXPORTKHLEB v. HELMVILLE LTD. (THE "JOCELYNE")

[1977] 2 Lloyd's Rep. 121

QUEEN'S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice Brandon

Charter-party (Voyage) - Arbitration clause - Stay of action - Clause stating that all claims barred if arbitrator not appointed by claimant within stated period after delivery of goods - Charter-party to be superseded by bill of lading if bill of lading in specified form - Bill of lading issued but not in specified form - No arbitration clause in bill of lading - Goods damaged - Action brought by charterer against shipowner - Application by shipowner for stay of action - Whether charter-party including arbitration clause still governed relationship between parties. Arbitration - Appointment of arbitrator - Court's power to extend time for appointment - Factors to be considered - "Undue hardship" - Arbitration Act 1950, s. 27.