Serious irregularity: dismissing a claim for delay

Section 41(3) of the Arbitration Act 1996 is designed to reflect for arbitration the power of the court in judicial proceedings to strike out a claim for want of prosecution. Section 41(3) states that “If the tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his claim and that the delay: (a) gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim; or (b) has caused, or is likely to cause, serious prejudice to the respondent, the tribunal may make an award dismissing the claim.”

Grindrod Shipping Pte Ltd v Hyundai Merchant Marine Co Ltd [2018] EWHC 1284 (Comm) was an appeal to the court against a tribunal decision to exercise that power, the argument being that the tribunal had been guilty of serious irregularity in reaching its decision.