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  • Elusive Carriers, Time Bars, and Salvation Through Arbitration

Elusive Carriers, Time Bars, and Salvation Through Arbitration

Year of Publication: 2020
Month of Publication: 10
Author(s): Paul Myburgh
Research Area(s): Admiralty/Maritime Law
Name of Working Paper Series:

NUS Law Working Paper No. 2020/026
NUS Centre for Maritime Law Working Paper 20/02

WPS Paper Number: CML-WPS-2002
Abstract:

Identifying the correct carrier to sue is a perennial problem. The cargo claimant’s choice of whom to sue is made even more difficult where the carriage of goods involves transport intermediaries or a complex chain of charters. Stringent time bars and the need to issue proceedings against the right party, and in a competent forum, further raise the stakes and add to the urgency of the claimant’s choices. Three recent decisions of the High Court of England and Wales involving similar facts illustrate the potential pitfalls posed by the identity of carrier issue, as well as the possibilities of exercising judicial discretion to extend the time for commencement of arbitration proceedings where the carrier’s misleading conduct has contributed to the time bar being missed.