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Appeals against arbitration awards: time limit

Arbitration Law Monthly

Appeals against arbitration awards: time limit

Section 70(3) of the Arbitration Act 1996 imposes a 28-day time limit, running from the date of the award, for an appeal to be made to the court against an arbitration award. In K v S [2015] EWHC 1945 (Comm) Teare J reconsidered the vexed question of whether the time limit operates even though there has been an application to the arbitrators to correct their award or whether the time limit is postponed to the date on which the tribunal issues its amended award.

Teare J’s ruling is that time is only postponed if the application to the tribunal can have an outcome material to the grounds of appeal to the court against the award. This analysis introduces a gloss on the statutory wording and arguably leaves room for doubt as to exactly when an appeal should be launched even though the award is being reviewed by the tribunal.

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