Aoot Kalmneft v Glencore International Ag and Another: ComC 27 Jul 2001

When asking whether the time for appeal against an arbitrator’s award should be extended, the court should look at several circumstances, including the length of the delay; whether the party was acting reasonably in all the circumstances in delaying; whether the other party had contributed to the delay; whether other party would suffer irremediable prejudice from the delay over and above mere loss of time if the application proceeded; whether the arbitration had continued during the period of delay what impact on progress or costs might arise from the extension; the strength of the application; and whether it would be unfair to deny the applicant opportunity to have the application determined.
The court considered its practice in supervising arbitrations where one or more of the parties were foreign.
Important issues as to the appropriate policy of this court in relation to the operation of the Arbitration Act 1996 where foreign parties are involved.

Judges:

Mr Justice Colman

Citations:

Times 20-Nov-2001, [2001] EWHC 464 (Comm)

Links:

Bailii

Statutes:

Arbitration Act 1996 67 68 69, Civil Procedure Rules 3.1(2)

Jurisdiction:

England and Wales

Arbitration, Civil Procedure Rules, Jurisdiction

Updated: 20 December 2022; Ref: scu.331179