A Ltd v B Ltd

Arbitration – Award. A contractual dispute between two overseas companies was referred to arbitration. An award was made in favour of the defendant. The claimant's appeal was dismissed for its failure to pay the requisite fees and arbitration costs and its application for an extension of time to pay was refused. The claimant issued proceedings in the Commercial Court to set aside the order, pursuant to ss 67 and 68 of the Arbitration Act 1996. An issue arose as to whether the claimant had exhausted an available arbitral process of appeal or review or whether it was precluded from bringing the instant claim. The court held that it had exhausted an available arbitral process and that a challenge to a First-tier award, pursuant to ss 67 ad 68 of the Act, was not precluded by the terms of s 70(2) or s 73(2) of the Act.

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