RTI Limited & Anor v OWH SE iL

RTI Limited & Anor v OWH SE iL

The s. 68 application was out of time as the Claimants' application to the Tribunal for an admission of irregularity did not constitute an 'arbitral process of appeal or review' under s. 70(2) of the Arbitration Act 1996, and no adequate reason was provided for the delay. An extension of time was refused applying the Terna Bahrain factors, as the delay was substantial, unexplained, and the application was weak. Further, the fraud allegation under s. 68(2)(g) was speculative, unparticularized, and had no real prospect of success. The application was summarily dismissed.

Parties
First Claimant: RTI Limited; Second Claimant: United Company Rusal, International PJSC; Defendant: OWH SE i. L.
Jurisdiction
England and Wales
Judgment Date
28 July 2025
Procedural Posture
Commercial Arbitration Challenge / Summary Dismissal Application
Outcome
Application summarily dismissed
Legal Topics
Section 68 Arbitration Act 1996, Serious Irregularity, Fraud in Arbitration, Extension of Time, Summary Dismissal
Arbitration Commercial Law Section 68 Arbitration Act 1996 Serious Irregularity Fraud in Arbitration Extension of Time Summary Dismissal

Case Brief

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Parties

RTI Limited

First Claimant

United Company Rusal, International PJSC

Second Claimant

OWH SE i. L.

Defendant

Procedural Posture

Commercial Arbitration Challenge / Summary Dismissal Application

Legal Issues

  1. 1 Whether the s. 68 application was brought within time or an extension should be granted
  2. 2 Whether the s. 68 application discloses a serious irregularity under s. 68(2)(g) of the Arbitration Act 1996 (fraud or contrary to public policy)
  3. 3 Whether the application should be summarily dismissed

Ratio Decidendi

The s. 68 application was out of time as the Claimants' application to the Tribunal for an admission of irregularity did not constitute an 'arbitral process of appeal or review' under s. 70(2) of the Arbitration Act 1996, and no adequate reason was provided for the delay. An extension of time was refused applying the Terna Bahrain factors, as the delay was substantial, unexplained, and the application was weak. Further, the fraud allegation under s. 68(2)(g) was speculative, unparticularized, and had no real prospect of success. The application was summarily dismissed.

Court Disposition

Application summarily dismissed

Orders

  • The Claimants' s. 68 application is summarily dismissed.
  • No extension of time is granted for the s. 68 application.