Q&As

Can an English court extend time to deliver an award?

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Published on LexisPSL on 02/11/2015

The following Arbitration Q&A provides comprehensive and up to date legal information covering:

  • Can an English court extend time to deliver an award?
  • Court powers
  • Extension of time for making the award
  • Other powers to extend time

Can an English court extend time to deliver an award?

Court powers

The English court has various powers which it may exercise in support of arbitration—see Practice Note: AA 1996—court powers in support of arbitration—an introduction.

Extension of time for making the award

An application to extend time for making an award can be made by the tribunal (on notice to the parties) or by any party (on notice to the other party)(ies) and the tribunal (AA 1996, s 50(2)). An application to extend time for making the award can only be brought after the applicant has exhausted any other arbitral process for obtaining that extension (AA 1996, s 50(2)). The application can be made whether the time fixed for making the award has expired or not (AA 1996, s 50(4)).

Although it is comparatively rare for arbitration agreements to provide an express time limit within which awards may be rendered, there is at least one arbitral institution (the International Chamber of Commerce (ICC)) that provides for awards to be rendered within a specific time limit (usually six months, which may be, and often is, extended—see Practice Note: ICC (2012)—the award). However, since the ICC Court can and often does extend this time limit without any need for intervention from the curial court (it has its own mechanism for extensions), it is unlikely that this court power (AA 1996,

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