Extension of time limits

The discretion of the court

Section 79 of the Arbitration Act 1996 allows the court to extend contractual (or default) time limits where deadlines have been missed. The power is one which is not to be exercised lightly, although the circumstances in which it will be available have not been the subject of any decision. In Equatorial Traders Ltd v Louis Dreyfus Trading Ltd [2002] EWHC 2023 (Comm), HHJ Chambers QC considered the scope of s79, and concluded that the court should intervene only where the application to the court is made as soon as a problem with time limits which cannot be resolved by the arbitrators has arisen.