ENGLISH HIGH COURT GRANTS EXTENSION OF TIME TO BRING CLAIM UNDER S12 ARBITRATION ACT 1996

In the recent case of National Bank of Fujairah (Dubai Branch) v Times Trading Corp [2020] EWHC 1983 (Comm) the English High Court (the “Court”) granted National Bank of Fujairah (”NBF”) an extension of time under s12(3)(b) Arbitration Act 1996 (the “Act”) to bring an arbitration claim against Times Trading Corp (“Times”). The decision follows the recent case of Fimbank PLC v KCH Shipping (“Fimbank”) (see our blog post on this decision here) where an extension of time to bring an arbitration claim was refused on a somewhat similar set of facts.

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ENGLISH HIGH COURT REFUSES TO GRANT EXTENSION OF TIME TO COMMENCE ARBITRATION PROCEEDINGS UNDER BOTH LIMBS OF S12 ARBITRATION ACT 1996

In the recent case of Fimbank PLC v KCH Shipping Co Ltd [2020] EWHC 1765 (Comm), the High Court (the “Court”) refused to grant an extension of time under either s12(3)(a) or s12(3)(b) Arbitration Act 1996 (the “Act”) for FIMbank PLC (“Fimbank”) to pursue a claim in arbitration against KCH Shipping Co Ltd (“KCH”).

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English court grants retroactive extension of time to enable arbitral process opportunity to “correct itself”

In a further example of the pro-arbitration exercise of pragmatism, in (1) Xstrata Coal Queensland Pty Ltd (2) Sumisho Coal Australia Pty Ltd (3) Itochu Coal Resources Australia Pty Ltd (4) ICRA OC Pty Ltd v Benxi Iron & Steel (Group) International Economic & Trading Co Ltd [2016] EWHC 2022 (Comm), the English High Court has granted an application under s79 of the English Arbitration Act 1996 (the "Act") to extend the time-limit within which a party could apply to the Tribunal under Article 27 of the LCIA Rules 1998 to correct an ambiguity relating to the identity of one of the Claimants.

Whilst the exercise of the Court's discretion has been helpful to the Claimants, the case is a reminder in transactions with related contracts and multiple parties to ensure that the parties are clearly and correctly defined and the parties bringing claims are those properly entitled to do so, either by virtue of being signatory to the arbitration agreement or by otherwise being able to benefit from it.

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Dubai Court confirms power of DIAC Executive Committee to extend time limit for tribunal to render its award

In Middle East Foundations LLC v. Meydan Group LLC (formerly Meydan LLC) (Case No. 249 of 2013), the Dubai Court of Appeal confirmed that Article 36 of the DIAC Arbitration Rules permits the DIAC Executive Committee to make multiple extensions to the time limit for the arbitral tribunal to render its award, provided that there are justifiable reasons for the extensions.

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