Commencing an arbitration

Time limits

In Van Oord ACZ Ltd v The Port of Mostyn , June 2003, unreported, a judgment of Her Honour Judge Frances Kirkham in the Technology and Construction Court, the main issue was whether notice to commence an arbitration had been validly served in accordance with the requirements laid down by the parties in their agreement. In the event, the court concluded that there had been valid service and that the arbitration had been commenced in time.The case also contains some interesting analysis of s12 Arbitration Act 1996, which confers a fallback power on the court to extend the agreed period for commencing an arbitration in the event that time limits have been missed.