African Distribution Company SARL v AASTAR Trading Pte Ltd [2025] EWHC 2428 (Comm) (24 September 2025)

African Distribution Company SARL v AASTAR Trading Pte Ltd [2025] EWHC 2428 (Comm) (24 September 2025)

Section 72(1) AA is available to non-participants to question the tribunal's jurisdiction or constitution even after an award and is not subject to the 28-day time limit of s.70(3) AA. However, the remedy is discretionary and may be refused for delay or prejudice. In this case, ADC's challenge under s.72(1) is arguable but not strong, and the extension of time for s.67/68 challenges is refused, as the evidence of non-receipt is limited and ADC did not act promptly after learning of the award.

Citation
[2025] EWHC 2428 (Comm)
Parties
Claimant / Respondent to Arbitration: African Distribution Company S.a. R. L; Defendant / Claimant in Arbitration: AASTAR Trading Pte Ltd
Jurisdiction
England and Wales
Judgment Date
24 September 2025
Procedural Posture
Arbitration Claim (challenge to Award) / Judgment on Application for Extension of Time and Arguability of S.72(1) AA Challenge
Outcome
Extension of time for s.67/68 AA challenges refused; s.72(1) AA challenge held arguable but not determined on merits.
Legal Topics
Arbitration Act 1996, Service of Process by Email, Extension of Time Under S.80(5) AA and CPR 62.9, Jurisdictional Challenge Under S.67 AA, Serious Procedural Irregularity Under S.68 AA, Non Participation and S.72(1) AA, GAFTA Arbitration Rules
Arbitration Commercial Law Civil Procedure Arbitration Act 1996 Service of Process by Email Extension of Time Under S.80(5) AA and CPR 62.9 Jurisdictional Challenge Under S.67 AA Serious Procedural Irregularity Under S.68 AA +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

African Distribution Company S.a. R. L

Claimant / Respondent to Arbitration

AASTAR Trading Pte Ltd

Defendant / Claimant in Arbitration

Procedural Posture

Arbitration Claim (challenge to Award) / Judgment on Application for Extension of Time and Arguability of S.72(1) AA Challenge

Legal Issues

  1. 1 Whether ADC was properly served with notice of arbitration and the award
  2. 2 Whether ADC's application to challenge the award is out of time under s.70(3) AA
  3. 3 Whether an extension of time should be granted under s.80(5) AA and CPR 62.9

Ratio Decidendi

Section 72(1) AA is available to non-participants to question the tribunal's jurisdiction or constitution even after an award and is not subject to the 28-day time limit of s.70(3) AA. However, the remedy is discretionary and may be refused for delay or prejudice. In this case, ADC's challenge under s.72(1) is arguable but not strong, and the extension of time for s.67/68 challenges is refused, as the evidence of non-receipt is limited and ADC did not act promptly after learning of the award.

Court Disposition

Extension of time for s.67/68 AA challenges refused; s.72(1) AA challenge held arguable but not determined on merits.

Orders

  • Application for extension of time under s.80(5) AA and CPR 62.9 refused.
  • ADC's s.72(1) AA challenge is arguable and may proceed, but no final relief granted.