Extension of time for commencing arbitration refused (Expofrut v Melville)

Table of contents

• Practical implications
• Facts
• Judgment
• Court details

Article summary

Arbitration analysis: The court considered an application for an extension of time to commence arbitration for some three years and eight months. The parties had been involved in litigation in Belgium and the defendant had raised its jurisdictional challenge well into the litigation process in terms of time passed, but at the correct time (i.e. not late) in terms of procedure. The court found that the defendant’s silence did not merit an extension of time for the claimant on the grounds that mere silence was not sufficient.