Allegations of fraud in the proceedings

The Arbitration Act 1996, s70, requires any arbitration appeal to be brought within 28 days of the making of the award. The court does, however, have the power to extend time under s80(5). In L Brown & Sons Ltd v Crosby Homes (North West) Ltd [2008] EWHC 817 (TCC) a claim was brought some 66 days late, the allegation being that the respondent had withheld material documents from the arbitrator. Mr Justice Akenhead in this case discussed the criteria that determine whether or not permission to appeal out of time should be granted, and there is also a helpful analysis by the learned judge of s68(2)(g), the head of appeal where it is alleged that there has been fraud in the arbitration.

Brown: the facts

Under a construction contract between Crosby and Brown, Crosby engaged Brown as the main contractor to design and build a residential apartment building consisting of 114 flats on 11 levels. The contract price was £9,349,923.32, and completion was to be achieved by 17 August 2004. There was the usual liquidated damages clause for late completion. Disputes arose, and a number of adjudications followed, mostly in favour of Brown. Crosby subsequently commenced an arbitration to reverse the adjudications, and Brown commenced its own arbitration seeking payment for losses and for the expenses incurred by variations demanded by Crosby.