Lloyd's Maritime and Commercial Law Quarterly

Edited by Professor Francis D Rose

Document

EXTENSION OF TIME, DECK STOWAGE AND THE TIME BAR

Kenya Railways v. Antares Pte. Ltd. (The Antares)

This case was noted in the issue of May 19861 in respect of the decision of Leggatt, J., that the jurisdiction to extend time under s. 27 of the Arbitration Act 1950 cannot be exercised to override the time bar contained in Art. III.6 of the Hague-Visby Rules.2 This was based on the wording of s. 1(2) of the Carriage of Goods by Sea Act 1971 (U.K.) as interpreted in The Hollandia.3

It should be noted that in a second summons4 Kenya Railways contended that the shipment of the cargo on deck, without clausing the bills of lading, was a deviation and/or a fundamental breach disentitling the shipowner from reliance on the

1. [1986] 2 LMCLQ 142.

2. [1986] 2 Lloyd’s Rep. 626.

3. [1983] A.C. 565.

4. [1986] 2 Lloyd’s Rep. 633.

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