Extension of time for appeals: criteria for grant of extension

Section 70(3) of the Arbitration Act 1996 lays down a strict time limit of 28 days from the publication of the award within which any appeal, or application for permission to appeal, against the award has to be made. The court has a discretion to extend time under s 80(5), but there is no statutory guidance on how this is to be exercised and the principles have been laid down by the courts.

It is clear that the most important considerations are the reasons for and duration of any delay, and the strength of the claim. The most recent decision is that of Eder J in Nestor Maritime SA v Sea Anchor Shipping Co Ltd [2012] EWHC 996 (Comm), where it is made clear that the statutory time limit is not one to be disregarded lightly.