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Appeals against the award: time limits and the extension of time

Arbitration Law Monthly

Appeals against the award: time limits and the extension of time

Under section 70(3) of the Arbitration Act 1996 a challenge to an award must be brought within 28 days of the date of the award. If the time limit is missed, the court has a discretion under section 80(5) of the 1996 Act to extend time. The circumstances in which time will be extended have been considered in a number of decisions, and there are now clear principles on the point.

In S v A and Another [2016] EWHC 846 (Comm) Sir Bernard Eder has demonstrated the unwillingness of the courts to extend time where the applicant has been dilatory at any stage. The dilatoriness in the present case related most importantly to the collection of the award where payment was required by the arbitrators.

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