Appeals against arbitration awards: extension of time

The 28-day period permitted for an appeal to the courts against an arbitration award may be extended in the discretion of the court, but in practice only the shortest delays have attracted the sympathy of the court, at least in the absence of some form of sharp practice from the successful party in the arbitration. Federal Republic of Nigeria v Process & Industrial Developments Ltd [2020] EWHC 2379 (Comm); [2021] 1 Lloyd’s Rep 121 demonstrates that “fraud unravels all” and that undiscovered and undiscoverable fraud by the successful party will not preclude an extension of time even if a period of years has elapsed, as long as the applicant has moved quickly following the discovery of the fraud.

P&ID : the facts