Arbitration appeals: time limits under tiered procedures

The rules of GAFTA (and also those of FOSFA) contain procedures for an appeal to an appeal board. The tiered process cannot of course preclude an appeal to the court under sections 67 and 68 of the Arbitration Act 1996 for want of jurisdiction or procedural error, but such appeals may be brought only within 28 days of the award. The issue in PEC Ltd v Asia Golden Rice Co Ltd [2012] EWHC 846 (Comm) was the application of that period to a tiered procedure. As will be seen, the answer is not straightforward.

PEC : the facts