Jurisdiction: challenging an award

There are various mechanisms in the Arbitration Act 1996 which can be used by a person to challenge arbitration proceedings, and subsequently an award, where that person contends that he was not a party to the arbitration clause and the arbitrators had no jurisdiction over him. London Steam Ship Owners Mutual Insurance Association Ltd v Kingdom of Spain (The Prestige) [2013] EWHC 2840 (Comm) raises the important question of whether a person who refuses to appear in an arbitration, and who then contests enforcement of the award after the statutory time limits for challenging the award have expired, has lost the right of challenge.

Walker J did not answer the question directly, as he held that if there was a time bar then it was appropriate for it to be extended, but the learned judge expressed the view that no time bar was applicable in such circumstances.