Haven Insurance Company Ltd v EUI Ltd (t/a Elephant Insurance)

Haven Insurance Company Ltd v EUI Ltd (t/a Elephant Insurance)

The 30-day period for initiating an appeal under Article 75 began at the latest by 24 February 2015, when written notification of the Committee's decision was given, and not upon receipt or approval of the minutes. Therefore, Elephant's appeal was out of time. However, in the exceptional circumstances of this case, including MIB's own advice and custom, it was outside the reasonable contemplation of the parties that time would run from any earlier date, and it is just to extend time under section 12 of the Arbitration Act 1996 to permit the appeal.

Parties
Claimant: Haven Insurance Company Limited; Defendant: EUI Limited (t/a Elephant Insurance)
Jurisdiction
England and Wales
Judgment Date
31 January 2018
Procedural Posture
Arbitration Challenge / Commercial Court Application / Judgment on Challenge to Arbitral Jurisdiction and Application for Extension of Time
Outcome
Time for initiating an appeal is extended; Elephant may pursue its appeal before the arbitrator.
Legal Topics
Extension of Time for Arbitration, Interpretation of Arbitration Agreement, Jurisdictional Challenge Under Arbitration Act 1996, Motor Insurers Bureau Disputes
Arbitration Insurance Law Commercial Law Extension of Time for Arbitration Interpretation of Arbitration Agreement Jurisdictional Challenge Under Arbitration Act 1996 Motor Insurers Bureau Disputes

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Parties

Haven Insurance Company Limited

Claimant

EUI Limited (t/a Elephant Insurance)

Defendant

Procedural Posture

Arbitration Challenge / Commercial Court Application / Judgment on Challenge to Arbitral Jurisdiction and Application for Extension of Time

Legal Issues

  1. 1 When does time start to run for an appeal under Article 75 of the MIB Articles?
  2. 2 Does the Court have jurisdiction to extend time for bringing arbitral proceedings under section 12 of the Arbitration Act 1996?
  3. 3 Should the Court exercise its discretion to extend time in the circumstances of this case?

Ratio Decidendi

The 30-day period for initiating an appeal under Article 75 began at the latest by 24 February 2015, when written notification of the Committee's decision was given, and not upon receipt or approval of the minutes. Therefore, Elephant's appeal was out of time. However, in the exceptional circumstances of this case, including MIB's own advice and custom, it was outside the reasonable contemplation of the parties that time would run from any earlier date, and it is just to extend time under section 12 of the Arbitration Act 1996 to permit the appeal.

Court Disposition

Time for initiating an appeal is extended; Elephant may pursue its appeal before the arbitrator.

Orders

  • Time for appeal extended under section 12 Arbitration Act 1996.
  • Precise form of order to be discussed with Counsel.