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

[1974] 2 Lloyd's Rep. 57

HOUSE OF LORDS

Before Lord Reid, Lord Morris of Borth-y-Gest, Viscount Dilhorne, Lord Simon of Glaisdale and Lord Salmon

Charter-party (Voyage) - Arbitration clause - Baltimore Berth 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 - 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, s. 27.