Time limits

The decision of the Court of Appeal in Konig v Zwiebel, 1 July 2009, has not been reported, although there are summaries of the case on both Lexis and Lawtel. It appears from those summaries that an important point on the running of time for an appeal has been determined by the Court of Appeal. The full facts are not clear, although they are not necessary for the point in issue to be appreciated.

The background

A dispute between the parties as to the ownership of property was referred to arbitration under Jewish law and before the Beth Din. The arbitrators ruled in favour of the claimants, holding that the property was held in trust for a charity. The defendants asserted that the award had dealt with matters not referred to the arbitrators and requested that the award be revoked. The arbitrators responded by issuing a revised award. That award was not honoured. The claimants applied to the court for an order enforcing the award under s66 of the Arbitration Act 1996, and the defendants appealed against the award on the grounds that the arbitrators had exceeded their jurisdiction. The proceedings were settled by a compromise agreement which was embodied in consent orders, although the second consent order was disputed.