FORCE MAJEURE - “LAWSUIT” DEFINITION – TIME-BARRED CLAIMS – TIME-CLAUSE – AGREEMENTS ON CHARTER – ARBITRATION
In March 2022, a vessel sustained propeller damage on the way to its first load port, leading to the charter party cancellation through force majeure. Charterers did not initiate arbitration proceedings until over a year later in April 2023. The dispute focused on whether arbitration proceedings were time-barred. Charterers contended that the one-year time bar did not apply due to circumstances surrounding the voyage's cancellation.