Expofrut SA & Others v Melville Services Inc and another company

Arbitration – Commencement. The claimants applied for an extension of time of three years and eight months in respect of the expiry of the one year Hague/Hague Visby limitation period, in accordance with the terms of an arbitration clause in the relevant charter party, incorporated by the relevant bills of lading. The Commercial Court, in dismissing the application, held that, by reference to s 12(3)(b) of the Arbitration Act 1996, it was the conduct of the defendants which had to make it unjust to hold the claimants to the time limit, and there had not been any such conduct. As for discretionary matters, the merits could not affect that conclusion.

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