Commencement of arbitration proceedings: service of notice of arbitration

In Sino Channel Asia Ltd v Dana Shipping & Trading Pte Singapore [2017] EWCA Civ 1703; [2018] 1 Lloyd’s Rep 17, an appeal heard by Gross and Flaux LJJ, the question was whether service of arbitration proceedings upon a third party seemingly acting for the respondent amounted to a valid service on the respondent.

That raised factual and legal issues as to scope of actual and ostensible authority, and also ratification. It was assumed by the Court of Appeal that a party who had not appeared in the arbitration was, by virtue of section 72 of the Arbitration Act 1996, able to await enforcement proceedings before raising any jurisdictional challenge and was not bound by the time limit of 28 days in section 70(3) of the 1996 Act for jurisdictional challenges where there had been appearance.