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Members Whose Addresses Or Whereabouts Are Unknown

Members Whose Addresses Or Whereabouts Are Unknown average adjusters to release the cargo on the vessel's arrival in India without further security being obtained. This was done, and the vessel was finally discharged on 12th March 1966. The average adjustment, showing cargo's proportion of general average as £5,995.23, was dated 24th February 1967 and a copy was sent to the Director- General on 30th March 1967 by the plaintiffs' agents, asking for payment. On 7th June 1967 the defendants' Solicitors repudiated liability on the ground that the vessel was unseaworthy. Eventually on 23rd April 1971 the defendants' solicitors contended that the claim was time-barred under the arbitration clause, because the plaintiffs had at no time appointed an arbitrator and that the plaintiffs' claim was accordingly barred by 12th March 1967, i.e. twelve months after final discharge which took place on 12th March 1966. The plaintiffs bought an action (on a preliminary point of law) claiming a general average contribution of £5,995.23, contending, inter alia that the arbi­ tration clause did not apply to the claim for general average contribution. It was held by Mr. Justice Mocatta that the claim for a general average contribution was a "dispute" within the meaning of the arbitration clause, and therefore failure to appoint an arbitrator by the time stated (i.e. within 12 months of final discharge) resulted in the barring of the claim. Furthermore, on the evidence it was held that the plaintiffs had suffered no undue hardship, and the time for the appointment of an arbitrator would not have been extended under Section 27 of the Arbitration Act, 1950. MEMBERS WHOSE ADDRESSES OR WHEREABOUTS ARE UNKNOWN Touring 1972 extensive checking has been carried out on the Institute's *-^ records of membership. In the course of this operation the records of the following members have been shown to be incomplete. In most cases this would seem to be due to letters being returned to the Institute marked "gone away" and no further address has been notified to the Institute. The Secretary would welcome information from any member who knows anything of the whereabouts or how he can be contacted of any of the following members so that the Institute can attempt to re-establish contact: S. A. Burkill V. Drum Mohammad Abdul Faiz B.Sc. B.E.(Cal) M.R.I.N.A. E. J. Griffin A. G. Inglis F.I.C.S. A.C.LI. M. M. Murray K. G. Partridge N. J. Pictor R. C. Pridew R. C. Purdew A.R.I.B.A. Roger Richards F.R.I.C.S. R. E. Evans A.A.I. Y. M. Sang (Singapore) http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian International Arbitration Journal Kluwer Law International

Members Whose Addresses Or Whereabouts Are Unknown

Asian International Arbitration Journal , Volume 40 (1): 1 – Feb 1, 1973
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Publisher
Kluwer Law International
Copyright
Copyright © 1973 Kluwer Law International BV, The Netherlands
ISSN
1574-3330
Publisher site
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Abstract

average adjusters to release the cargo on the vessel's arrival in India without further security being obtained. This was done, and the vessel was finally discharged on 12th March 1966. The average adjustment, showing cargo's proportion of general average as £5,995.23, was dated 24th February 1967 and a copy was sent to the Director- General on 30th March 1967 by the plaintiffs' agents, asking for payment. On 7th June 1967 the defendants' Solicitors repudiated liability on the ground that the vessel was unseaworthy. Eventually on 23rd April 1971 the defendants' solicitors contended that the claim was time-barred under the arbitration clause, because the plaintiffs had at no time appointed an arbitrator and that the plaintiffs' claim was accordingly barred by 12th March 1967, i.e. twelve months after final discharge which took place on 12th March 1966. The plaintiffs bought an action (on a preliminary point of law) claiming a general average contribution of £5,995.23, contending, inter alia that the arbi­ tration clause did not apply to the claim for general average contribution. It was held by Mr. Justice Mocatta that the claim for a general average contribution was a "dispute" within the meaning of the arbitration clause, and therefore failure to appoint an arbitrator by the time stated (i.e. within 12 months of final discharge) resulted in the barring of the claim. Furthermore, on the evidence it was held that the plaintiffs had suffered no undue hardship, and the time for the appointment of an arbitrator would not have been extended under Section 27 of the Arbitration Act, 1950. MEMBERS WHOSE ADDRESSES OR WHEREABOUTS ARE UNKNOWN Touring 1972 extensive checking has been carried out on the Institute's *-^ records of membership. In the course of this operation the records of the following members have been shown to be incomplete. In most cases this would seem to be due to letters being returned to the Institute marked "gone away" and no further address has been notified to the Institute. The Secretary would welcome information from any member who knows anything of the whereabouts or how he can be contacted of any of the following members so that the Institute can attempt to re-establish contact: S. A. Burkill V. Drum Mohammad Abdul Faiz B.Sc. B.E.(Cal) M.R.I.N.A. E. J. Griffin A. G. Inglis F.I.C.S. A.C.LI. M. M. Murray K. G. Partridge N. J. Pictor R. C. Pridew R. C. Purdew A.R.I.B.A. Roger Richards F.R.I.C.S. R. E. Evans A.A.I. Y. M. Sang (Singapore)

Journal

Asian International Arbitration Journal – Kluwer Law International

Published: Feb 1, 1973

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