Strict time limits and thresholds for section 68 challenges—RTI & Rusal v OWH
Arbitration analysis: This case concerned an application by the respondent, OWH, for the summary dismissal of a section 68 of the Arbitration Act 1996 (AA 1996) challenge brought by the claimants, RTI and Rusal. RTI and Rusal alleged that the relevant award was affected by serious irregularities under AA 1996, s 68(2)(a), (c), (d) and/or (g), and sought an extension of time to bring their challenge outside the 28-day limit prescribed by AA 1996, s 70(3). OWH argued that the application was improper, hopeless, and should be summarily dismissed, and that, being out of time, no extension should be granted. The court agreed, refusing the late AA 1996, s 68 challenge. The judgment reinforces the strict approach to statutory time limits and the high evidential threshold for serious irregularity claims, underlining the principle of finality in arbitration. Written by Oliver Browne, partner at Paul Hastings (Europe) LLP.