The Taikoo Brilliance: Court Draws A Hard Line On "Suit"

Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA (The Taikoo Brilliance) [2026] EWCA Civ 1158

Background

The dispute arose after cargo owners (the “Cargo Owners”) alleged that the owners of the vessel “Taikoo Brilliance” (the “Owners”) misdelivered a cargo of New Zealand pine logs at Kandla, India, discharging it without production of the bills of lading. Two of the four bills of lading recorded that portions of the cargo were carried on deck. The Cargo Owners initially arrested a sister ship in Singapore to obtain security, but did not commence London arbitration as required by the bills until after the one year period from delivery had expired. The arbitrator held the claim was time-barred under Article III rule 6 of the Hague-Visby Rules (the “HVR”), but only in respect of under deck cargo.