English Court’s reminder that (i) courts will allow the arbitral process to correct itself without intervention where possible and (ii) a party seeking to set aside an Award must do so on the correct basis and in good time

In a recent judgment handed down by Eder J in the case of Union Marine Classification Services LLC v Government of the Union of Comoros, the English Commercial Court rejected a party’s application for an order setting aside and / or declaring to be of no effect a “Correction and Addition to Award” under sections 67(1)(a) and / or (b) of the Arbitration Act 1996 (the “Act“). The decision was based on:

  • recognition of the principle behind the Act that courts should be hesitant to interfere with the arbitral process, according room for that process to “correct itself“;
  • the fact that the application was made on an inappropriate basis in the circumstances (under s67 rather than s68 of the Act); and
  • a timely application on the correct ground would have failed on the merits in any event.

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