K v S

K v S

K's application for correction was not material to its challenge; the challenge could have been made within the statutory period. No evidence justified the delay. The challenge was out of time and intrinsically weak.

Parties
Claimant/respondent: K; Defendant/applicant: S
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Arbitration Challenge / Application to Strike Out Challenge to Arbitral Award
Outcome
Application to strike out challenge granted.
Legal Topics
Challenge to Arbitral Award, Jurisdiction, Serious Irregularity, Extension of Time
Arbitration Commercial Law Challenge to Arbitral Award Jurisdiction Serious Irregularity Extension of Time

Case Brief

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Parties

K

Claimant/respondent

S

Defendant/applicant

Procedural Posture

Arbitration Challenge / Application to Strike Out Challenge to Arbitral Award

Legal Issues

  1. 1 Whether K's challenge to the arbitral award was brought within the statutory time limit
  2. 2 Whether the application for correction of the award postponed the time limit for challenge
  3. 3 Whether grounds existed to extend the time for challenge

Ratio Decidendi

K's application for correction was not material to its challenge; the challenge could have been made within the statutory period. No evidence justified the delay. The challenge was out of time and intrinsically weak.

Court Disposition

Application to strike out challenge granted.

Orders

  • K's challenge to the award is struck out.
  • No extension of time is granted.