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.
Judges:
Colman J
Citations:
Times 20-Nov-2001
Statutes:
Arbitration Act 1996 67 68 69, Civil Procedure Rules 3.1(2)
Arbitration, Civil Procedure Rules
Updated: 16 May 2022; Ref: scu.166832