STA v OFY

[2021] EWHC 1574 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Butcher, 8 June 2021

Arbitration – Serious irregularity – Extension of time – Effect of delay – Arbitration Act 1996, sections 68 and 70(3)

By a Final Award dated 26 January 2021 a UNCITRAL tribunal ordered the State of STA to pay to OFY US$134,348,661 plus interest and costs for repudiation of an agreement. On 19 February 2021, three days before the expiry of the 28-day statutory period permitted for an appeal against an award by section 70(3) of the Arbitration Act 1996, STA’s solicitors made an application for an extension of time on the basis that they had been instructed only the previous day. An extension was granted until 8 March 2021. That deadline was missed, and on 1 April 2021 STA’s new solicitors issued an arbitration claim form alleging serious irregularity under section 68 of the 1996 Act and also an application for a further extension of time.