Failure to Challenge Hire Invoice under Supplytime 2017 - The ATLANTIC TONJER

Wed, 15 May, 2019

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.

 

> download a copy of the judgment

James M Turner QC

 

James M. Turner QC is a highly regarded and well-known Commercial Advocate. He was called to the Bar in 1990 and appointed Queens Counsel in 2013.

His practice encompasses commercial contractual disputes across sectors including International & Commercial Arbitration, Energy, Shipbuilding, Offshore Construction, Shipping and Banking.

He appears in the Commercial Court and the Appellate Courts (Court of Appeal and Supreme Court) and has extensive experience of Arbitration, appearing before domestic and international arbitral bodies (such as HKIAC, LCIA, ICC and LMAA) as well as in ad hoc matters.

Many of his cases require the co-ordination of a range of expert specialisms, ideally suited to James’s down to earth approach, team-building skills and highly-regarded technical knowledge. Reflecting the invariably international character of his practice, James has extensive experience in dealing with foreign law and multi-jurisdictional disputes. He has a particular eye for appreciating and addressing cultural barriers in international arbitration.

James has given written expert evidence of English law in the Courts of Italy, France, Spain, the Netherlands, Ireland, Belgium and Austria.

James has considerable experience of applications for injunctive relief (freezers, delivery up, restraining orders and anti-suit injunctions), as well as receivership and interpleader.

He is regularly appointed arbitrator, particularly in shipping disputes, and has extensive experience of mediation, both as mediator and as counsel.

James has a First Class Master's Degree in German Law and speaks and reads German and Dutch fluently. He accepts instructions in either language.  He also reads French.

> view James' profile

Robert-Jan Temmink QC

Robert is recognised as a talented advocate with a commercial practice encompassing a broad spectrum, from Chambers' core areas of aviation and shipping, to energy, construction, and insurance law together with financial services, insolvency and fraud. Many of Robert's cases involve cross-border, or other jurisdictional issues both in the UK and abroad and he most regularly appears in the Commercial, Chancery and Technology & Construction courts in the United Kingdom. He is also registered to practice at the Dubai International Financial Centre Court where he has frequently appeared and is called to the Bar in Northern Ireland and as a Foreign Legal Consultant in the State of New York. He is often asked to work on cases in the Caribbean (he is called to the bar of the Eastern Caribbean) arising out of contractual or commercial chancery disputes.

Robert is a Fellow of the Chartered Institute of Arbitrators and is one of the arbitrators at the Dubai International Arbitration Centre. He is also a panel arbitrator at the Kuala Lumpur International Arbitration Centre and the Hong Kong International Arbitration Centre.  He has appeared in a wide variety of arbitral proceedings under different institutions' rules, and as sole or a panel arbitrator in ICC and LCIA proceedings. Robert is an accredited commercial mediator in the UK and abroad and is a TECBAR-accredited adjudicator, arbitrator and mediator.

Robert is ranked as a leading barrister in the current editions of Chambers UK and The Legal 500. Areas include commercial dispute resolution, international arbitration and aviation.

> view Rob's profile