Glencore International AG v PT Tera Logistic Indonesia and Another – QBD (Comm Ct) (Knowles J) [2016] EWHC 82 (Comm) – 29 January 2016

Arbitration – Jurisdiction – Claimant giving notice of arbitration of “claims” and appointing arbitrator – Respondent appointing arbitrator “in relation to all disputes under the contract” – Respondent’s defence and counterclaim submissions served after expiry of contractual limitation period – Whether counterclaim time-barred

The appellant (Glencore) entered into four contracts with the respondents (the owners) for the charter of floating cranes to enable Glencore to load coal on vessels at anchorages. The contract provided for “MV Demurrage” to be paid by the owners or for what was termed “FC Detention” to be paid by Glencore depending on the cause of any delay beyond an agreed minimum loading-rate.