London Arbitration 10/16

TIME CHARTER – OWNER CLAIMING BALANCE OF HIRE – CHARTERER WITHHOLDING HIRE BASIS OFF-HIRE AND EQUITABLE SET-OFF – DATE OF ACCRUAL OF OWNER’S CLAIMS – WHETHER OWNER’S CLAIMS TIME-BARRED UNDER LIMITATION ACT Near the end of a time charter hire payments were withheld by Charterer to offset various claims against Owner. Just shy of 6 years after redelivery, arbitration was commenced against Charterer who contended the claim should be time-barred basis the date of accrual for each missed hire payment. The issues in dispute arose under a time charter of the NYPE form. Clause 5, in relevant part below, provided:...
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