*Dera Commercial Estate v Derya Inc

Shipping – Arbitration. A claim which was particularised within the six-year limitation period applicable to contractual claims pursuant to s 5 of the Limitation Act 1980 could, nevertheless, be struck out for 'inordinate delay' under s 41(3) of the Arbitration Act 1996, because the parties had contracted for a shorter limitation period under art III r 6 of the Hague Rules. The Commercial Court so ruled, among other things, on an appeal against an arbitration tribunal's award, striking out the claimant's cargo claim on the basis of inordinate and inexcusable delay. Further, the court dismissed the appeal against the award, under AA 1996 s 68, where the claimant had failed to establish its claim of apparent bias.

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