PEC Ltd v Asia Golden Rice Co Ltd

PEC Ltd v Asia Golden Rice Co Ltd

The time limit for a section 67 challenge to the tribunal's jurisdiction expired 28 days after the first tier award, as the GAFTA Rules do not allow an appeal on jurisdiction. However, an extension of time is justified due to the short delay, uncertainty regarding the time limit, and absence of prejudice to the...

Source-derived case information.

Parties
Applicant: PEC LIMITED; Respondent: ASIA GOLDEN RICE CO LTD
Jurisdiction
England and Wales
Judgment Date
17 October 2012
Procedural Posture
Arbitration Related Application / Application for Extension of Time to Challenge Arbitral Jurisdiction
Outcome
Extension of time granted
Legal Topics
Extension of Time, Jurisdiction Challenge, GAFTA Rules, Section 67 Arbitration Act 1996
Arbitration Commercial Law Extension of Time Jurisdiction Challenge GAFTA Rules Section 67 Arbitration Act 1996

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Parties

PEC LIMITED

Applicant

ASIA GOLDEN RICE CO LTD

Respondent

Procedural Posture

Arbitration Related Application / Application for Extension of Time to Challenge Arbitral Jurisdiction

Legal Issues

  1. 1 Whether the time for making an application under section 67 of the Arbitration Act 1996 has expired
  2. 2 Whether an extension of time should be granted for making such an application

Ratio Decidendi

The time limit for a section 67 challenge to the tribunal's jurisdiction expired 28 days after the first tier award, as the GAFTA Rules do not allow an appeal on jurisdiction. However, an extension of time is justified due to the short delay, uncertainty regarding the time limit, and absence of prejudice to the respondent.

Court Disposition

Extension of time granted

Orders

  • Extension of time to apply under section 67 of the Arbitration Act 1996 is granted in terms of the draft order provided by the parties.