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Lloyd's Law Reporter

AFRICAN DISTRIBUTION COMPANY SARL V AASTAR TRADING PTE LTD

[2025] EWHC 2428 (Comm), King's Bench Division, Commercial Court, His Honour Judge Tindal, 24 September 2025

Arbitration – Jurisdiction – Serious irregularity – Use of generic email address for arbitration documents – Claimant asserting that no notice of arbitration received – Whether time for challenge should be extended – Arbitration Act 1996, sections 67, 69, 70, 72, 76 and 80

A dispute arose between the parties under a series of sale contracts subject to GAFTA arbitration. On July 2023 Aastar emailed a Notice of Arbitration to ADC at its generic email address, but no response was received from ADC. Subsequently an arbitration was commenced and GAFTA appointed a sole arbitrator.

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