Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA

Facts

Pedregal Maritime SA ("the Owners") owned the vessel "Taikoo Brilliance" and carried a cargo of timber comprising 36,934 JAS CBM of New Zealand Pine Logs from New Zealand to Kandla, India. Batavia Eximp & Contracting (S) Pte Ltd ("the Holders") held the four bills of lading issued by the Owners, two of which stated that quantities of pieces were carried on deck. The cargo was discharged at Kandla in September 2019, commencing 16 September 2019, but the bills were not available there and delivery was made to third parties without production of the bills against a letter of indemnity from the charterer. The Holders alleged misdelivery. Although the bills contained a London arbitration clause, the Holders first issued a writ in the High Court of Singapore on 18 August 2020 to arrest a sister ship, which was arrested and later released against security; those proceedings were stayed in favour of arbitration. Arbitration was commenced only on 22 or 24 December 2020, more than a year after delivery. The arbitrator, Ian Kinnell KC, held the claim time-barred under Article III rule 6 of the Hague-Visby Rules, but only as to under-deck cargo. Bright J granted both sides permission to appeal under section 69 of the Arbitration Act 1996, and Robin Knowles J dismissed both appeals. Both parties appealed further.