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

[1973] 1 Lloyd's Rep. 509

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Megaw and Lord Justice Scarman

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 by charterers to pay - Lloyd's general average bond - Whether of contractual effect - York-Antwerp Rules, 1950 Arbitration - Appointment of arbitrator - Extension of time for appointment - Discretion of Court - No undue hardship - Arbitration Act, 1950, sect. 27.