X v Y [2011] EWHC 152(Comm)

Consecutive voyage charterparty - Time bar for claim in respect of first voyage

The facts

A claim for US$376,086.03 in demurrage arose in respect of the first voyage under a consecutive voyage charterparty made for three consecutive voyages. It was a Continent Grain charterparty containing terms otherwise in accordance with a SYNACOMEX 2000 form and containing a number of additional clauses including cl 36, a modification of the Centrocon arbitration clause. This clause provided, inter alia, that a claim would be time-barred unless the claimant’s arbitrator was appointed ‘within 12 months of final discharge or termination of this charterparty’.