K v S [2015] EWHC 1945 (Comm) (09 July 2015)

K v S [2015] EWHC 1945 (Comm) (09 July 2015)

K's application for correction was not material to its challenge; the grounds for challenge were known and not dependent on the correction. The challenge could have been issued within 28 days of the original award. The delay was substantial, unexplained, and not justified. There are no sufficient grounds to extend time. The challenge is out of time and must be struck out.

Citation
[2015] EWHC 1945 (Comm)
Parties
Claimant/respondent: K; Defendant/applicant: S
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Commercial Court Arbitration Challenge / Application to Strike Out Challenge to Arbitral Award
Outcome
Challenge struck out as out of time; no extension granted.
Legal Topics
Challenge to Arbitral Award, Time Limits for Challenge, Correction of Arbitral Award, Extension of Time
Arbitration Commercial Law Challenge to Arbitral Award Time Limits for Challenge Correction of Arbitral Award Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

K

Claimant/respondent

S

Defendant/applicant

Procedural Posture

Commercial Court Arbitration Challenge / Application to Strike Out Challenge to Arbitral Award

Legal Issues

  1. 1 Whether K's challenge to the arbitral award was issued within the statutory 28-day time limit
  2. 2 Whether the application for correction of the award postponed the running of the 28-day period
  3. 3 Whether there were sufficient grounds to extend the time for challenge

Ratio Decidendi

K's application for correction was not material to its challenge; the grounds for challenge were known and not dependent on the correction. The challenge could have been issued within 28 days of the original award. The delay was substantial, unexplained, and not justified. There are no sufficient grounds to extend time. The challenge is out of time and must be struck out.

Court Disposition

Challenge struck out as out of time; no extension granted.

Orders

  • K's application to challenge the arbitral award is struck out.