The court was asked ‘how should the court apply section 3 when determining what is the ‘juridical seat of the arbitration’, if neither the parties to the arbitration agreement nor any arbitral or other institutions have designated the ‘seat’ of the arbitration? In particular the question arises: is there a particular point in time during the arbitral process at which the court should consider ‘all the relevant circumstances’ in order to determine the ‘juridical seat of the arbitration’? If I conclude that the ‘seat’ of the arbitration is England, then the second question is: how should the court approach an application for an extension of time in which to make an application for permission to appeal an arbitration award, under section 80(5)?’
Aikens J
[2000] EWHC 228 (Comm), [2001] 1 LLR 65
Bailii
England and Wales
Updated: 01 September 2021; Ref: scu.341868
