Serious irregularity: extension of time for an appeal

Minister of Finance (Incorporated) and Another v International Petroleum Investment Company and Another [2021] EWHC 2949 (Comm) was an application under section 80(5) of the Arbitration Act 1996 for an extension of time to appeal against a consent arbitration award on the ground of serious irregularity contrary to section 68. The complex scenario demonstrated an arguable case of fraud by the applicants’ controller which had prevented the applicants from putting forward a proper defence to the claims made against them.

The award had been issued on 9 May 2017 but the application for permission to extend time was made 511 days beyond the 28 days permitted for an appeal. However, in the exceptional circumstances of the case, Andrew Baker J was prepared to extend time.