FIMBank plc v KCH Shipping Co Ltd (The “Giant Ace”) – QBD (Comm Ct) (Cockerill J) [2020] EWHC 1765 (Comm) – 3 July 2020

Arbitration – Application for extension of time to commence arbitration – Claimant bank alleging misdelivery of cargo without production of bills of lading – Bills of lading incorporating one-year Hague Rules time bar – Claimant commencing timeous arbitration against registered owners – Claimant’s lawyers subsequently ascertaining that carrier was not registered owner but was a demise charterer – Whether claimant entitled to extension of time to bring arbitration against demise charterer – Arbitration Act 1996, section 12(3)(a) and (b)

Trafigura Maritime Logistics Pte Ltd (Trafigura) voyage-chartered the vessel Giant Ace from Classic Maritime Inc (Classic), the time-charterers of the vessel. The registered owners of the vessel were Mirae Wise SA (MW), who had demise-chartered her to KCH Shipping Co Ltd (KCH), who had time-chartered her to Classic.