MUR Shipping BV v Louis Dreyfus Company Suisse SA "TIGER
SHANGHAI" [2019] EWHC 3240 (Comm) highlights the importance of
carefully assessing all available evidence at the time of
presenting a claim where there is a time bar clause requiring
presentation of "all supporting documents." A party who
fails to submit a document, which is available to it at the time,
risks the claim being time barred.
Facts
The Charterparty in question contained a clause stating that
"[Owners] shall be discharged and released from all
liability in respect of any claim or claims which [Charterers] may
have under Charter Party and such claims shall be totally
extinguished unless such claims have been notified in detail to
[Owners] in writing accompanied by all available supporting
documents (whether relating to liability or quantum or both) and
arbitrator appointed within 12 months from completion of
charter".
