chapter  14
13 Pages

Remedies for delay

ByClare Ambrose, Karen Maxwell, Michael Collett QC

This chapter examines the provisions both statutory and contractual that are relevant in maritime arbitration. The arbitration agreement, or more commonly any applicable arbitration rules, may include provisions designed to address the problem of delay. Usually such terms are designed to prevent delays from arising at all. In particular, one effect of the introduction of the Civil Procedure Rules in High Court proceedings was to do away with the old power to dismiss for want of prosecution, and to replace it with a different, power to deal with delays or breaches of procedural orders. Delay in commencing an arbitration should not, be considered “inordinate” if the arbitration was commenced within the relevant period of limitation. The damaging effect of any delay is cumulative and prejudice arising from pre-commencement delay will be relevant. Where both claims and counterclaims are raised in an arbitration and there are cross-applications to dismiss each, the tribunal has power to dismiss either, both, or neither.