Non-participation in arbitration proceedings: time limits for appeals

In African Distribution Company Sarl v Aastar Trading Pte Ltd [2025] EWHC 2428 (Comm); [2025] 2 Lloyd's Rep 443 the claimant sought to extend time for an appeal against an award on jurisdictional and procedural grounds, alleging that it had not received emails with the notice of arbitration and the tribunal's orders. The question was whether the 28 days permitted for an appeal under section 70(3) of the Arbitration Act 1996 should be extended by the court under section 80(5) of the 1996 Act.

The judgment of HHJ Tindal considered at length the question whether a jurisdictional challenge to the award was possible under section 72(1) of the 1996 Act (for which there is no time limit) or whether the section was confined to pre-award relief against the continuation of the proceedings.