State A v Party B & Anor

State A v Party B & Anor

Given the colossal delay and the significant prejudice to the Respondents, only truly transformational fresh evidence could justify an extension of time. The Mr F Letter, while arguably relevant, does not fundamentally alter the case or undermine the arbitral tribunal's reasoning. The application for extension of time is therefore refused.

Parties
Applicant: State A; Respondent: Party B; Respondent: Party C
Jurisdiction
England and Wales
Judgment Date
29 January 2019
Procedural Posture
Arbitration Related Application / Application for Extension of Time to Challenge Arbitral Award Under S.67 Arbitration Act 1996
Outcome
Application dismissed
Legal Topics
Extension of Time, Jurisdiction Challenge, Fresh Evidence, Finality of Arbitral Awards
Arbitration Civil Procedure Extension of Time Jurisdiction Challenge Fresh Evidence Finality of Arbitral Awards

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Parties

State A

Applicant

Party B

Respondent

Party C

Respondent

Procedural Posture

Arbitration Related Application / Application for Extension of Time to Challenge Arbitral Award Under S.67 Arbitration Act 1996

Legal Issues

  1. 1 Whether the court should grant an extension of time under s.80(5) Arbitration Act 1996 for a s.67 jurisdiction challenge nearly three years out of time
  2. 2 Whether fresh evidence (the Mr F Letter) justifies reopening the jurisdiction issue

Ratio Decidendi

Given the colossal delay and the significant prejudice to the Respondents, only truly transformational fresh evidence could justify an extension of time. The Mr F Letter, while arguably relevant, does not fundamentally alter the case or undermine the arbitral tribunal's reasoning. The application for extension of time is therefore refused.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to challenge arbitral award under s.67 Arbitration Act 1996 is refused.