Section 12 of the Arbitration Act 1996

A recent decision, given by Mr Justice Coleman in Chambers, in Harbour and General Works Limited v Environment Agency considers in some detail the meaning and effect of s12 of the Arbitration Act 1996 under which the Court is given power to extend the time for the commencement of arbitration proceedings. His decision confirms that the enactment of s12 of the 1996 Act marks a clear change in the law and practice relating to the extension of time for the commencement of an arbitration beyond that specified in a contractual time bar provision. In a judgment considering the leading authorities under sl2 Mr Justice Coleman confirms that under the 1996 Arbitration Act the Courts’ powers to extend time will be used much more sparingly than was previously the case.