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Lloyd's Law Reports

(1) PEOPLE’S INSURANCE COMPANY OF CHINA, HEBEI BRANCH (2) CHINA NATIONAL FEEDING STUFF IMPORT/EXPORT CORPORATION v. VYSANTHI SHIPPING CO. LTD. (THE “JOANNA V”) [2003] EWHC 1655 (Comm)

[2003] 2 Lloyd's Rep. 617

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice Thomas

Conflict of laws - Bill of lading - Limitation of time - London arbitration clause - Cargo-owners and insurers brought action in Chinese Courts - Shipowners brought London arbitration proceedings - Cargo-owners objected to arbitrator’s jurisdiction - Chinese Courts determined that they had jurisdiction - Arbitrator held that he had jurisdiction and made award on merits in shipowners’ favour - Cargo-owners did not seek to challenge award for jurisdiction - Chinese Court subsequently gave judgment in cargo-owners’ favour - Cargo-owners and insurers sought to extend time for challenging arbitration award - Whether time should be extended - Whether leave should be given to enforce award - Arbitration Act, 1996.

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