Arbitration analysis: Having been left open and unanswered in The Alhani, the High Court has now decided an important question of both commercial and general public importance arising under the Hague-Visby Rules. Dismissing a challenge to an arbitral award brought pursuant to section 69 of the Arbitration Act 1996 (AA 1996) the court has held that the one-year limitation of liability arising under Article III Rule 6 of the Hague-Visby Rules applies to claims for misdelivery of cargo after discharge from the vessel. Prior to this decision, there was no previous English law authority directly on point and the question had been left open to doubt with no real consensus emerging in relevant legal commentary or across other jurisdictions. The case also provides useful insight into the approach of the court concerning the application of AA 1996, s 69. Written by Colleen Hanley, barrister at Twenty Essex Chambers, London.
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Arbitration analysis: Having been left open and unanswered in The Alhani, the High Court has now decided an important question of both commercial and general public importance arising under the Hague-Visby Rules. Dismissing a challenge to an arbitral award brought pursuant to section 69 of the
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