BULK & METAL TRANSPORT (UK) LLP v VOC BULK ULTRA HANDYMAX POOL LLC (THE “VOC GALLANT”) [2009] EWHC 288 (Comm)

[2009] 1 Lloyd's Rep. 418

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before His Honour Judge Mackie QC, sitting as a judge of the High Court

Arbitration - Commencement - Charterparty (Time) - Owners claiming balance of hire and charterers asserting cross-claim for breach of Hague Rules, article III rule 2 - Whether message from owners' solicitors took effect as notice commencing arbitration - Whether message constituted bringing of suit in respect of charterers’ cargo claim - Whether charterer's cross-claim time-barred - Whether extraneous evidence admissible - Arbitration Act 1996, section 14(4), Hague Rules, article III rule 6.