Arbitration Law Monthly

Where there is an appeal to the High Court against an award on the grounds of want of jurisdiction, under section 67 of the Arbitration Act 1996, section 67(4) states that there can be an appeal to the Court of Appeal against the judge’s decision only if the judge himself gives permission to appeal. However, there is a limited exception in that principle, which operates where the judge has not reached a decision at all on the application for permission to appeal.

Under section 70(3) of the Arbitration Act 1996 a challenge to an award must be brought within 28 days of the date of the award. If the time limit is missed, the court has a discretion under section 80(5) of the 1996 Act to extend time. The circumstances in which time will be extended have been considered in a number of decisions, and there are now clear principles on the point.