Limitation periods

The issue in National Ability SA v Tinna Oils & Chemicals Ltd, The Amazon Reefer [2009] EWCA Civ 1330, discussed by George Spalton of 4 New Square, considers the operation of the Limitation Act 1980 in its application to arbitration awards. The limitation period of six years under s7 of the Limitation Act 1980 applies to all applications to enforce arbitration awards in the same manner as a judgment under s26 of the Arbitration Act 1950 (the provisions of which are, in all material respects, identical to s66 ofthe Arbitration Act 1996).

Na tional Ability : the facts

National Ability (‘NA’), a Panamanian ship owner (and the Appellant in this case), chartered the Amazon Reefer to the Respondent Indian Company under a charterparty dated 29 April 1995. The charterparty provided for the resolution of disputes by arbitration in London under English law.