In a judgment handed down on 14 May 2019, Sir Ross Cranston (sitting as a Deputy Judge of the Commercial Court) has dismissed an appeal from an arbitration award in a dispute on the effect of clause 12(e) of the widely-used BIMCO Supplytime 2017 form. The parties had agreed that hire would be paid in arrears, with invoices falling due 21 days after issue. Charterers (represented by James M. Turner QC) contested the Tribunal’s conclusion that a failure to challenge a hire invoice before its due date for payment meant that they could no longer raise an off-hire defence. The Court, however, upheld the award and the submissions advanced by Robert-Jan Temmink QC, in what is believed to be the first Court decision on the effect of clause 12(e).
James M. Turner QC was instructed by Paul Dean and Nicholas Kazaz of HFW.
Robert-Jan Temmink QC, leading Robert Scrivener of 4 Pump Court, was instructed by Stephenson Harwood.