In Braceforce Warehousing Ltd –v- Mediterranean Shipping Company (UK) Ltd [2009] EWHC 3839 (QB) the English High Court’s Justice Ramsay suggested, in dicta, that the limitation legislation had nothing to say about when a contractual alternative dispute resolution scheme may be commenced. In this case, it was an expert determination clause. Drafters of such clauses would be wise to include a contractual limitation provision. Here is the case note of an English firm, Boyes Turner.
