E. B. AABY'S REDERI A/S v. UNION OF INDIA (THE "EVJE")

[1972] 2 Lloyd's Rep. 129

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Mocatta

Charter-party (Voyage) - Arbitration clause - Baltimore Grain Charter-party Form C - Centrocon arbitration clause incorporated - Claim barred if arbitrator not appointed within 12 months of date of final discharge - Vessel running out of fuel oil - Tug hired - Claim by shipowners for general average contribution from charterers - Undertaking by charterers to pay general average contribution "which may be legally due" - Arbitrator not appointed within time limit - Whether claim a "dispute" within arbitration clause - Whether charterers liable on undertaking - York-Antwerp Rules, 1950. General average - Undertaking of charterers to pay - York-Antwerp Rules, 1950. Arbitration - Appointment of arbitrator - Extension of time for appointment - Discretion of Court - No undue hardship - Arbitration Act, 1950, sect. 27.