467. Transgrain Shipping BV v Deiulemar Shipping SpA (in liquidation) & another (the “Eleni P”) [2014] EWHC 4202 (Comm)

Construction – charterparty containing two conflicting arbitration clauses – Bimco standard clause prevailing

The Facts

The vessel was hijacked by pirates.

Upon release of the vessel, various disputes arose between the parties which they referred to arbitration.

Clause 75 of the charter provided for London arbitration, a procedure for the appointment of arbitrators and a time bar.

The contract also contained a list of general Bimco clauses to be incorporated which did not include the Bimco arbitration clause.

A standard Bimco arbitration clause with a different procedure for the appointment of arbitrators, a mediation procedure and no time bar appeared at the end of the contract.

The form of arbitration became important because adoption of the Bimco arbitration clause could lead to the inference that not only was the arbitration procedure in clause 75 to be ignored but also the time bar.

Findings

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